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Harm Of The Legal Clerical Officials Of The Song Dynasty

Posted on:2008-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:W J LiFull Text:PDF
GTID:2166360215972702Subject:Legal history
Abstract/Summary:PDF Full Text Request
Clerical officials was an important and peculial component of the feudal bureaucracy. They formed a special politics power before Qin Dynasty. Form Tang Dynasty to Song Dynasty, there are more and more clerical officials who took part in and administrated the work of government. And in Ming and Qing Dynasty, the clerical officials were at their height of the power and splendour. In Song Dynasty, the division of the work of the clerical officials became more and more fine, and their work became more and more important. This phenomenon was able to be exhibited in the following aspects. Firstly, in the field of legislation they tidied and copied out and supervisee the legal documents. Secondly, in the procedure of administration of justice, they actually managed the trial because of their footing and familiary of law. Finally, in the field of executation of the law, they also kept close to common people and criminals. Even the officials were not able to keep legal clerical officials'power within limits. The macroscopical study of clerical officials have gained great success. But the deep study on legal clerical officials who form the little branch of clerical officials still needs more effort.There are about forty thousand words in my article. And the article can be divided into four parts following.The first part concludes the preface and the introduction. The preface simply narrates the studying actuality on clerical officials and the difficulties during writing this article as well as the ways of composition and the materials about this subject. The introduction expounds the history of clerical officials and my opinion to the assorter of clerical officials in academe nowadays.The second part narrates the names and responsibilities of legal officials which accordingly represents the legal clerical officials'important effect to the running of Song'government. The third part sums up the legal clerical officials'harm to legislation, justice and execution of the law. Then I find out the causes of the harm which include six aspects following.Firstly, the ways the legal clerical officials entered the government determined their low diathesis. Secondly, their future to be an official seems gloomy. Thirdly, they only had slender salary and even had no payment. Fourthly, the government didn't restrain the annexation of land and the conception prevailed in Song Dynasty was encouraging people to chase fortune and personal loyalty, which stimulate the consciousness of chasing fortune. Fifthly, the officials kept a slack hand to their work and even some officials committed corruption. Finally, there were so many law regulations and they often changed, so that the literacy officials found difficult in applying the law. They needed the legal clerical officials to be their assistants. Besides, the various law regulations brought on many conflicts each other which results that the punishment to the legal clerical officials seemed impolitic,and they was often able to escape from the punishment.The fourth part is epilogue. In this part, I conclude the major idea of this article and end my narration.
Keywords/Search Tags:Song Dynasty, legal clerical official, function, harm, reason
PDF Full Text Request
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