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The Study On The Function Of Judicial Officials Subordinate To The State Chief In The Sung Dynasty

Posted on:2008-12-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:W L JiaFull Text:PDF
GTID:1485303014984029Subject:History of Ancient China
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Different from Qin, Han, Sui,Tang, Yuan, Ming and Qing Dynasty, the Sung Dynasty faced two kinds of political conditions:the first is the dynasty:that had been seized political power by army's coup; the second is whole country never finished unification.The Sung Dynasty didn't use violence to builded the new dynasty, so can't destroy the old political form that disordered and moribund form.The Sung Dynasty can't push over all political system to come to re-constuct, but pass a reformative way to reach perfect. Sung Dynasty must experience the process that old things replayed by the new,it's a complicated and pain process.The history situation that the Sung Dynasty just built up also produced profound influence to the state's subordinate officials' system.Since last years of the Tang period and Wudai dynasty, the state government established two systems of subordinate officials:one is subordinate officials appointed by central and states govement; the other is appointed by Fanzhen troops chiefs. Once the central govement lose it's power, the former was called "state county officer" and belonged to the property of the business officer's;The latter was called "act job officer" and belong to the property. of the governmental affairs.This kind of system made a confusion condition. that the local administration's name didn't agree with the fact.In the beganing of The Sung dynasty, the government accepted dual systems of states subordinate official.and admit "Pan guan","Tui guan" ",Zhang shuji"and so on. And government accepted Mu zhiguan as underling official political status.,But central authority unites appointment having called back the subordinate official's right and dispense with Ren Quan. The Sung dynasty developed full of characteristic and most complicated administrative divisions system.It included four kinds forms of "mansion" ", "prefecture" ", the "army" ", "supervise".The "mansion" title having mark of "Mufu"and itcontant"Jingfu","Cifu".The"state"includfourclasses:"Jiedu","Fangyu","Tuanlian","Junshi.Th e "Jun" includ the "Jun" and the "Junshi " two kinds "Jian"includ three kinds:"Jun","Jian" and "Xiazhou"all have "Zhou"or "Fu". The number and name of the subordinate of government officials decided by it's grade. The "Jun" included the "Jun" and "Junshi"; "Jian" included three grades, Part of "Jun" "Jian"and"Xiazhou"all contanted "Zhou" and "Fu" The goverment decided the number and name of state government official by the state's gradeIn order to cut off the fault - judicial abuse of soldier since last years of Tang and WuDai Dynasty, and develop state's offcial, Emperor Tai Zu of Sung dynasty setted up "Sikoucanjun" in 973 years, Song Tai Zong changed it into "Silicanjun" in 979.It's a important measure that changed the old system about the grade offciall. Silicanjun, "Lushicanjun", "Silicanjun","Sifacanjun"and"Sihucanjun"named"Zhucaoguan";"Jianpan",""Jiedupanguan","T uiguan","Jieduzhangshuji"and"Guanchazhishi"named "Muzhiguan",Both of them been named "Muzhizhouxianguan".Judiciary affair is important aspect in local administration, adjudgement is the centre of judiciary activity, investigating procedure is the criminal trial core. The subordinate official is body in adjudgement in the Sung dynasty,and all has the important effect one investigating, interrogating, adjudging, retrial and so on. Dual systems of subordinate official bring about "the curtain duty government official" intending to sentence right and "all Cao Guan " to the separation interrogating right's.But the interior of "Cao Guan " system,finished the system of "Juxianfensi",for the detective right of "Silicanju" and investigates right and "Sifacanjun" independence and professionalization.On this basis, to the criminal law case develops out two kinds of Yisibiekan" and "Chaiguanbiekan. In judiciary operation, the goverment strengh censor about step to it's former.,and there exists the condition that the personnel adapts to circumstances in under strict evite regulation. The state's adjudgement of Sung dynasty is unique in ancient of China.Because of government paying attention to adjudge before investigate in local judiciary,and subordinate official group's culture quality and administrative ability all have rise, therefore it have advancement in committing a crime fact's by technology, measurement of penalty,the Sung dynasty is notable in develop a period of Chinese evidence of the ancient times system. In the state's adjudgement of Sung dynasty, the commanding officer is still grasping a power of final adjudication, as a result, the stete's adjudgement is not having the frame isolating from a measure of judiciary belonging to administration.And it belongs politics. The state's judicature of song became more intracate,this made judicature's cost much higher and judiciary efficiency to come down, each steps had judiciary corruption.The Sung dynasty has created the judicial peak of the ancient Chinese localjudiciary by"Juxianfensi", in spite of it's measure more scientific, judiciary decentralization has been compared with judiciary division,always not been needed by ruler. So it lost existence condition in Chinese feudalist society condition,and in new dynastic changes history,it been abandoned by new feudalism, with unitary local system subordinate official system.
Keywords/Search Tags:Sung Dynasty, State's Subordinate Official, Silicanjun, Juxianfensi, Muzhizhouxianguan
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