The Study On Song Li And The Legal System Of Song Dynasty

In the process of the development of the Chinese legal system, the song dynasty is an era of continuity, The development of the various legal forms of song dynasty reflects the evolution of the Chinese legal system development track. The “Li” of the song dynasty, as an important part of the song dynasty legal system, caused the attention of many scholars, domestic legal scholars and historians,they study the "Bian Li", "Tiao Li", "Duan Li" on different angles, the related content in various kinds of teaching materials, many of history books, this paper studies have also made certain achievements. But there is still room for further discussion.Song Li as a kind of legal form, a kind of historical phenomenon in the field of legal history, a kind of legal history subject of the research object, has its own characteristics, that is so far have not found the whole code, all kinds of Li, just a noun in the other historical texts; scattered in historical records, we have to study in details and on a higher level. We have not found a code of Song Li, But its value in legal history is not allow to ignore, it is because of material, the deficiency of the related research has not yet fully developed, but in turn, the position in the Chinese legal system, function and value of these kind of legal form and legal phenomenon in contains the possibility of more possibility, this is what we are to deepen the understanding of the Chinese legal system on the basis of the existing one way. Based on this understanding, this paper will study on the historical data, will recover more details of song Li, defines the concept of Song Li, study on the whole song dynasty legal system and judicial operation procedure, and then discusses the legal form, legal phenomena in the position in the Chinese legal system, function and value, so as to realize the re-recognition of the Chinese legal system.This article altogether is divided into four chapters besides introduction and chapters content summary is as follows:The first chapter is mainly a clear definition of the concept of song dynasty cases. First quarter fastidious "Li" as a kind of legal form comes from the Confucian classics "Chun Qu Shi Li" research methods, its essence is to give the same evaluation for similar events. Shi Li come into exist from germination of the pre-qin period, formed in the wei and jin dynasty, have achieved a significant development in the song dynasty, in this dynasty intellectuals have a in realistic governing ethos, and use "Chun Qu Shi Li" in the judicial administrative field, the "Li" formally in the song dynasty was used to refer to laws and regulations, and be applied to the judicial administrative field, the part of the reference to the concept of the Chun Qu Shi Li, discussed the academic issues about the earliest compilation time of song Li, and give three layers of conception of Li: the first in ideology; The second for legal system; The third layer on the level of a legal form.After a clear definition of the concept of the case itself, next study is on "Tiao Li", "Bian Li", "Duan Li", "Zhi Hui" and "Te Zhi", we will clarify the relationship between these concepts in historical, they all have relationship with Li of the song dynasty. The Tiao Li is used to be define as the law of administrative rules and regulations, through the textual research, we prove in the song dynasty it is most commonly used as a specific order issued by the line; En Li, through the study and put forward, is not generally considered out of the emperor’s arbitrary, but officials have long used by rewards and treatment rules, For Zhi Hui, through the study of the judicial administrative decision-making process we prove that it can be either for the emperor’s imperial edicts may also be administrative organs of the commandThe last part of the first chapter is the description of the content of song Li. confirmed that the Li has a very wide range of areas, involves judicial officials, general and administrative procedures, personnel, treatment of rewards and punishments, fiscal taxation, festival etiquette, military. This part is research on content and classification of song Li.The second chapter is the form of song Li, first is how The Li is produced, and the source includ judicial, administrative command, and emperor order. On Duan Li. We studies whether all the Duan Li originate from arbitrary monarch, after the analysis of historical data and the the judiciary works proved that not all criminal cases need to be ruled by the emperor that even if the case has been reported to the central government, there are also a significant number of case determined by judges themselves, and these can also be used as Li. For emperor orders we do a detailed textual research, proved a lot of Li of the song dynasty come from emperor’s orders, in order to prove the song Li is to handle specific affairs is the essential characteristic,. to become Li, there is also a process of concrete can be divided into: sui shi sheng li,yan yong cheng li, zhu yi ding li, li ding cheng ze.after the establishment of a large number of individual Li, the Li is repeatedly to compiled in judicial administration practice, the compiling institutions including the judicial organs and administrative institutions, specialized compilation institutions, etc., of which administrative agencies, clear the difference between the zhong shu xing fang li and zhong shu xing fang duan li, study the establishment, duties, start-stop time of zhong shu xing fang jian li guanj, pointed out that the post set up time has nothing to do with the compilation of zhong shu xing fang duan li, the existence time is short, don’t even have a real set.For the compiled program, first of all, from the overall recovery of the entire process, cases from the generated, through the practice of screening, some are eliminated, some are used or be set as Li, finally, after compiling respectively into the edict format and study the compiling of Duan Li, shows the specific steps and choice criteria. The Duan cao of summary report though Further investigations, is modifed,be promoted,be recorded. This way to fix the code is different from the modern legislative process. The form of the duan li, someone think is jie wen,but we found the jie wen is not the form of duan li. The number of duan li,we found a lot of different duan li has same name,so it is not correct to determine the number of duan li but the number of the name of duan li.on the te zhi duan li,it is not only about the punishment on the officer from the king.Li is same as the other form of law in function and compiling.The characteristic of song legal system is: first, anything in the determination are affairs as a basis of law; Second, compiling is repairing method used at any time, compiling not giving law efficacy, but to make a choice, reasonable law will be fixed, the other will be deleted; Third, there is no absolute difference between laws.The third chapter is the research on the application of the song Li, First of all, the the program is divided into:xing shi cheng li, yu shi jian li, ni jin tie li,qu zhi cai jue.law founding and judgment making are absolute two aspects of the work,which should be independent,, they treat law founding very seriously, designated persons responsible. In the part of tie li ni jin,we recover it as a living systemStandards of choice of li include: time come into exist, the times the li is used, degree of approximation, reasonable degree. And didn’t choose the case does not rigidly applied the above criteria, they want most reasonable and effective results. When the Li is used they are compiling at the same time.The way Li is used is not by banning and command, but authorizing and in advisory role, need the user to choose. Second the Li widen the scope of other forms of law, save the cost, make the whole legal system more flexible and effective.The fourth chapter is to discuss the position of song Li in the Chinese legal system. We found song Li is not only the tool of imperial power of song dynasty, the imperial power is the basis of the judicial and administrative power. Song Li make the imperial power and the law a whole system, Li is used to make the flexible adjustment in the judicial administrative decision-making. imperial power and law should be regarded as a whole system..Use of Li is very common in the tang dynasty, the Li of tang dynasty and five dynasties are widely used in song dynasties.and more importantly, in tang and song dynasty, Li blend with other forms of law, names, they are different name in different phase of the appellation and manifestation of law.In comparison with the Li in yuan ming and qing dynasties, song Li has a lot of common characteristics, such as the standard of choosing Li, the way to make Li, the way to use Li.In song dynasty is special representatives of Li in the Chinese legal system, longitudinal, song Li is the midway in the process of the development of Li; On the lateral, song embodied characteristics of generation, compilation, usage of Li.Li is a part of the Chinese legal system, though the study of song Li, we found the development of the Chinese legal system, is in the way of yin xun chuang fu. Which mean inheritance and innovation. Li is the core of innovation.