Research On The Case Review Court's System In The Preceding Period Of The Northern Song Dynasty

The Case Review Court was set up in AD.991, abolished in AD.1080.During the whole preceding period of the Northern Song Dynasty, it replaced the Xing Department as the highest judicial organization, responsible for reexamining the complicated cases all over the country with Dalisi. To some extent, it is the result to institutionalize the spirit which feudal rulers considered penalty for a long time. This thesis plans to make a preliminary research on the Case Review Court from the following: its foundation and its reasons and evolution and abolition, the judicial reexamining procedure and its duties, and the selection and management of its officers. First Part: the reasons of its foundation, and its evolution and abolition. The above mentioned, the Case Review Court set up in AD. 991,and abolished in AD.1080.About its foundation, there're four reasons: first, the ideological roots are the traditional spirit of considerable penalty in China and the rulers' thought of managing the country by attaching importance to penalty in the preceding period of Northern Song Dynasty; second, the direct purpose is to examine the penalty cases; third, the important reason is to limit the Prime Minister's judicial power; fourth, the judicial reform in the period offers the realistic terms to it. In addition, the evolution of the Case Review Court's system mainly displays on the changes of its location, and the increase and decrease of the organs. Second Part: the Case Review Court's judicial duties, process and relevant functions. As a judicial reexamining department, the Case Review Court focuses on reexamining the doubtful and difficult cases reported from the country. During the preceding period of Northern Song, it came into being that the Case Review Court became the core among the procedure of judicial revision. The procedure includes three parts as follows: the report of the doubtful cases from the local government, the revision to the doubtful cases by the central judicial reexamining organization, and Emperor's revision himself and officials with all ranks collecting to reexamine. Besides reexamining the reported cases, the Case Review Court undertook some relevant law affairs, such as the work of compiling the law, implementing the administrative decree, participating in organizing various kinds of examinations and checking up Emperor's pardonable commands. Third Part: The selection and managing system of the Case Review Court's officers. The selection of the Case Review Court's chief displays emphasizing the principle of qualification. Its senior officers owns high ranks or popularity, but the majority lack the experience of enforcing the law, so their judicial effect isn't obvious. Compared with the senior officers, it especially emphasizes their abilities of enforcing the law to select its dependent officials, which were brought about by "the examination of criminal law". In judge's management part, the article investigated emphatically centrical judge's tenure of office, systems of rewarding and punishing and prohibiting calling on etc. Postscript: On the whole, the thesis briefly discusses the position and functions of the Case Review Court in the preceding period of the Northern Song Dynasty.