Study On Duties Crime Of Song Dynasty

The main purpose of this paper is to investigate the characteristics of the phenomenon of duty crimes in Song dynasty.For the perspective of duty crimes suppression measures, the officials developed the detailed regulations, improved the relevant system for they pay attention to prevent the duty crimes in Song dynasty. The punishment of crime officers are not blindly advocating harsh laws, but to take to prevent mainly, supplemented by punishment strategies, which is a"system of preventing type"initiative. It has a good effect in a certain period of time. However, it has its limitations and instability of the Song dynasty because this suppression is the rule of man still moves product of society. The duty crime was not yet to be resolved and at a particular time also shows a more serious situation.For the perspective of duty crimes legislation, the legislation of Song dynasty followed the Tang dynasty. The officers'duty crimes were classified into ZangZui, private crime and public crime trichotomy. In Shaoxing years of Southern Song dynasty, the government officials used quadruplicity to classify the crimes, civil offense occurred. The emergence of a civil offense show that the Song officials directly against the public interests by virtue of increasing crime, so the rulers feel the need to introduce specific legislation and special treatment of its.For the perspective of prevention of minor official duty crimes, the punishment of crimes officials relied on penalty. The prevention method is single, which is a"harsh punishment-based"initiative. The duty crimes for the minor officials are serious because it is out of control long-term, which is against the interests of the people. Interest to the people and direct violation of the object, that is common feature of the phenomenon for the official and minor officials duty crimes in Song dynasty. This kind of direct infringement of the interests of people with duty crimes, mainly embodied in two types: one is widespread in the economic field, the illegal Kepei and tax collection law, business tax law, which is an economic model of duty crimes; the other exists in arrest, trial, imprisonment and other judicial acativities, which is a kind of judicial misconduct model of duty crimes with the feature of"harm the people". Both types of duty crimes are exactly similar to the civil crimes legislation Shaoxing years.Illegal Kepei is a common duty crimes type in Song dynasty, which is a direct infringement of property rights and interests of people, and it features is illegal assessed. Kepei in Song dynasty was divided into other legal and illegal, people should pay attention to the distinction between legal Kepei and illegal Kepei. We also should pay attention to correct the misunderstanding of Hemai, Kemai, Kepei in the past. Hemai in Song dynasty was one way for government procurement;Kepei was one way for government expropriation by purchase. Kepei was one way for government expropriation by purchase. The government often did illegal assessment during Hemai and Kemai,which developed to illegal Kepei. It also prevailed in the field of Zhengque and reflected in Queyan, Quegu, Quecha, Kengzhi, Shiyi, which was a product of the malignant development of Zhengque system. From the legislative and judicial point of view, while the government tried to ban the illegal Kepei, it did not work. The reason for this is the central government itself is to some extent illegal Kepei closely related to those earnings.In the process of compiling the two tax book, the more prominent position crimes reflect a variety of favoritism for the township secretary behavior. In the link of receiving land tax, the receiving officers were responsible for increasing the amount of land tax actually collected through"renew and bespeak rent tax","cups noodles", "illegal expenditure shift","illegal fold change" and other illegal means, which increased the people's actual tax burden Song. The specific receiving minor officiers took the opportunity to profit or misappropriation of accepting bribes through the"renew and bespeak rent tax","get tax rent", and so on. The illegal land tax collection phenomenon in Song dynasty is even though quite common, the related requirements are complete, but the officials were very few who was punished by it. It showed that the government imposed criminal punishment in the land tax law has a very deceptive and hypocritical feature in Song dynasty.The phenomenon of illegal expropriation of business tax in Song dynasty was prevailed. It mainly presented as establishing taxation institutions without authorization, increasing the extra officials and apporting the business tax quantity to other citizens. These illegal expropriation phenomenona is not only a reflection of the corruption of official management in Song dynasty, but also from one side of the situation reflects the serious contradictions between the central and local governments in the distribution of the financial interests brought about by the highly centralized financial in Song dynasty. The phenomenon of illegal collection for the business tax, the Song government should take some blame. The judicial system in Song dynasty has influence on the judicial duty crimes in a certain extent. For the need to maintain of authoritarian rule, both the officials to take measures to prevent the abuse of judicial power and intensify social contradictions, but also take measures to strengthen the prevention and repression for the people. So that it shows Du Bu and prudent trial features co-exist for the judicial system. This unique judicial system will mainly guide the judicial duty crimes to illegal arrest and illegal imprisonment. Especially for the thieves and the development of Du Bu system has led to the abusing use the arresting right in a large extent.The highly centralized power in financial affect the judicial duty crimes. The highly centralized financial system led to the conflicts of interest between central and local distribution. The result of local fiscal stress, judicial shortage of funds, to a certain extent offset the advantage of justice system in Song dynasty and affects the further play for the effectiveness prevention of duty crimes. Minor officials abuse the judicial power to collect money, not only by the illegal arrest, illegal imprisonment, which also reflected in the judicial proceedings by the financial pervert the law. With the increasingly dark political in Song dynasty, from the last years of Northern Song dynasty to the whole Southern Song dynasty, the trial officials"fine the wealth of the people"phenomenon began to appear and spread. The abuse of jurisdiction duty crimes committed in the high level of personal interest.The general characteristics of judicial duty crimes are dereliction of duty. All judicial powers abuse and its motivation of view in Song dynasty, it is common not only with dereliction of duty, but also have highlighted the illegal profit-making personality. Bribes phenomenon intertwined abuse of judicial power, is a distinctive feature of judicial duty crimes in Song dynasty, while it reflects the direct infringement against property rights, personal rights. Illegal Kepei, illegal land tax collection, illegal expropriation of business tax, were a kind of"Shan Xing Ke Shuai"duty crimes existed in the economic field. Its feature is illegally against the interests of the people. In order to realize the illegal plunder of economy for the people, the officers often illegally use judicial power as a means. So these two types of duty crimes directly against the public interest may seem there is no direct link, but in fact they are not each in isolation, but interrelated. In many cases, they have relationship between ends and means.