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The Study On The System And Technology About Detection In Song Dynasty

Posted on:2010-04-24Degree:DoctorType:Dissertation
Country:ChinaCandidate:D C HuangFull Text:PDF
GTID:1116360302961340Subject:History of Ancient China
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China attached great importance to employing criminal legislation to regulate social relations in ancient times. The legislative tradition centered on crime determines that the detection phenomenon in ancient times appeared earlier and more advanced than the West. According to the historical data, in Qin and Han Dynasty, the judicial officials started using inspection of the scene and the autopsy approach to collect evidences. Hereafter, along with the evolution of the human civilization and the development of science and technology, the detection system and the detection technology are also advancing. From the perspective of the legal system, the Tang Dynasty has achieved the perfect combination of Etiquette and legislation. But from the perspective of the detection system and the detection technology, Song Dynasty mounted to the peak in the history of ancient detection in China.From the perspective of social order, Song Dynasty was a historical period that ethnic conflicts and the class contradictions were prominent and the social order was severe; thefts and robberies, mafia-style gangs, demon-style sectarians were Rampant, and violent cases were frequent. The malignant case's incidence rate of cases rose. The population of Sentences the death penalty in the year of fifth of Ren zong Jia You is more than 40 time than The twenty fifth of Kai Yuan of Tang Dynasty Under these social circumstances, the rulers and the judicial officials in Song Dynasty had strengthened the detection legislation, and emphasized summarizing detection experiences and studying detection strategy as well. The two most detailed detection works "Washing Away of Wrongs (The Hsiyuan chilu)" and "Folds Prison Turtle Warning" were published at that time.Song Dynasty was the society that valued legislation, for the sake of public security, while it formulated law of punishment on the thieves and robbers and heavy punishment on criminals, it accumulated detection experiences unceasingly, This move, on the one hand, made the examination technology in Song Dynasty climb to advanced world level at that time, on the other hand, the move also makes the examination system systematic, institutionalized, and legislative. The complete bail pending trial system has been close to the present legislative level, regardless of the suitable conditions and the operating procedures.The detection strategies in Song Dynasty, and the detection technology had achieved the high stratification plane. In the detection method aspect, Song Ren utilized many and varied methods for detection investigation, such as inspection of the scene, searching, informer bringing under control, the detection experiment, to post a reward nimbly to issue a warrant for arrest and so on. In terms of detection technology, Song Ci put forward the rules of examination " unmoved first" and the trinity pattern of examination:body examination, examination of the scene and on-the-spot interview, and elaborated in detail the conditions of the examination of the scene, procedures and the methods, which made the inspection and examination of the scene in Song Dynasty outrun the other countries then. "Washing Away of Wrongs (The Hsiyuan chilu)" was not only the earliest work of forensic science, but also the earliest detection study book which records the technology of inspection of the scene. Not until the late-19th century did the western countries realize the rules of examination "unmoved first". However, as early as in the 13th century' in Song Dynasty, this "the golden rule" for detection, has already been applied by those in charge of the cases into practice. The widespread use of the mapping technique of the examination of the scene and the reward for the arrest warrant are characteristic of the detection in Song Dynasty.Song Dynasty is a rare Dynasty which emphasizes evidences in the history of ancient China. It sets up strict proof standards in legislation, and in detection practice, it collects widely evidences by all means, besides, it employs various methods such as screening, comparison, questioning witnesses, experiments to distinguish right and wrong of the evidences, therefore, it has scientific understanding in the proof of the evidence, and establishes a notion that matter witness are prior to personal testimony.The detection technique and the detection approach leaped in Song Dynasty, and the detection theory as well. Only had Zheng Ke "To fold Prison Turtle Warning" investigates and deals with the method to the case to carry on the appraisal. In this book's commentary, Zheng Ke proposed the detection theories, such as technique and deceives technique to unify, to observe and evidence to Unifies, governs the prison, Gui Huan, Shou Bu Gui Xiang and so on. He had given the comprehensive explanation to the informer utilization's strategy, Wu Ting and the sentiment Richard prison's technology, the interrogation skill, discovered crime clue's method, The request of using deceives technique and so on. If Song Ci's "Washing Away of Wrongs (The Hsiyuan chilu)" is the earliest work that records detection technology in china, Zheng Ke's "Folds Prison Turtle Warning" is the earliest one recording the detection study. Hence, "Folds Prison Turtle Warning" and "Washing Away of Wrongs (The Hsiyuan chilu)"are the foothold of ancient China's detection study.In brief, the perfection of the detection system and the advancement of the detection technology in Song Dynasty not only outrun the previous times, but also hold a leading position in the world at that time. The severe security situation is the main cause for the advancement of the detection technology; the importance attached to the rule of law by the rulers and the improvement of legal consciousness of the judicial officials, are the precondition for the perfection of the detection system; the booming economy and the advancement of science and technology also add fuel to the perfection.
Keywords/Search Tags:Detection system in Song Dynasty, Strategy, Detection technology, Evidence utilization, Historical situation
PDF Full Text Request
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