The Xingbu's Judicial Functions In Tang Dynasty

Tang Dynasty is the restoration of feudal society in China. The feudal rulers of Tang Dynasty developed a relatively perfect legal system according to the effective criminal justice system and experience under the legislative and judicial experience of Qin and Han Dynasty. "Tang Lvshuyi" that represented the thoughts of "Virtue and courtesy are the base of politics and penalty serves for the political and religious purposes", has the superb level of legislation and a sound legal system, which not only has the extensive and profound influence on ancient Japan, Korea, Vietnam and other countries to establish and improve their feudal justice system, but also has become the blueprint of the formulation and interpretation of Ming and Qing Dynasty legal code. Nowadays a large number of experts and scholars have kept keen concern on the legal systems and legal thoughts in the book. However, most of the studies are just focused on the statute law systems, the study of the application of the judicial system of Tang Dynasty in the operation is comparatively less.Xingbu, as a comprehensive judicial and administrative authority, is not only involved in the legislative format and the specific administration of justice, but also involved in performance assessment and selection of talents. In the past academic research, the study of Xingbu in Tang Dynasty was just the simple overview on the overall functions of Tang Dynasty judicial system, or some simple analysis. The judicial power of Xingbu has not been analyzed systematically from the static and dynamic aspects. This paper analyzes the judicial functions of Xingbu from the static aspect and explores the conditions of its operation together with the specific judicial practice as well.The paper consists of five parts. The first part narrates the origin of Xingbu in Tang Dynasty and its development. Xingbu that originated from Beizhou Dynasty to the "six officials" establishment of the "Qiuguan official", was officially formed in Sui Dynasty , which consists of four departments. The most important division is Xingbu Department, other three departments are "Duguan Department, Bibu Department and Simen Department". The first chief executive of each department is Langzhong and Yuan Wailang as the second.The second part of the paper expresses the judicial functions of the Xingbu and analyzes the actual exercise according to the historical context of the state. Law to require the board of justice trial of the case with separate functions, but such power only takes effect in the cases dealing with this sector. Although Xingbu can try cases alone, as derived from the monarch's will,Xingbu has not the independence of the trial.Xingbu with Da lisi,Yu Shitai in Tang Dynasty, consist of"San Situishi", this federation tried almost all of the "Zhaoyu" cases, the case was politically tainted trial beyond reproach. The most important function is to review cases. Tang Dynasty emperor attached great importance to the Xingbu's functions, stressed on several occasions awarded edict review period. Especially after the An Shizhiluan as production and living order, disorder, criminal cases have increased. Over a large number of prison cases are crowded to the board of justice, resulting in a backlog of cases. State have to change again review period, with a view to alleviate the case of obstruct phenomenon. Overall, Xingbu Department of review functions, the reduction of miscarriages of justice, and the ruling order plays an important role.The death penalty notice system is the last one before the execution process, for the death penalty notice system outside the capital by Xingbu to implementation. Xingbu's cases involving political figures and without an express provision in the law, the solution of the case put forward their own views. Recorded trial prisoners is an important function of Xingbu,the rulers of Tang Dynasty recorded prisoners very seriously. In Tang Dynasty, emperor controls everything of the country, it represents the will of the supreme power.But no system is perfect, the system's implementation is not always easy. Xingbu's disadvantages inherent in the feudal system under the authority in the exercise of a static process, it not only hindered by the sovereign will, and then the power will be hot on behalf of those kinds of interference. Therefore, the actual status of implementation of the system will place the static deviation, but such a departure at that time is inevitable.The third part of the article links the two other central judiciaries. Various organs in the exercise of judicial power, one hand, were constrained by the other organs, the other hand has a strong oversight of its conduct. Although Xingbu is generally higher than the Da lisi's position below the Yu Shitai, the three that formed an independent judiciary is not the highest judicial jurisdiction.In this paper, the fourth part of Tang Dynasty is connected with other organs in the central judicial authority to analysis Xingbu further. This part is mainly cited in Tang Dynasty which is relatively important in Shang Shusheng, Zhong Shusheng, Men Xiasheng. Shang Shusheng is the direct leadership of the organs of Xingbu to supervise judicial activities. Zhong Shusheng and Men Xiasheng has the power for the case to further review.The fifth part combines the preceding analysis and the relationship between the Xingbu and other agencies, the judicial functions of Xingbu obtained in Tang Dynasty monarch majesty, clean politics, and the exercise of their judicial functions are still capable of more normal. The exercise of its judicial authority in maintaining and coordinating the operation of the judicial system has played a significant role. Bureaucracy in the feudal system, any organization cannot exist without the intervention of the feudal forces; Xingbu has no exception, too. The struggle of various forces, Xingbu will inevitably become a political struggle. In the later stages, An Shizhiluan, and the trend towards the decline of Tang Dynasty, this time the government focused on the country of military control and financial income, as the judiciary for Xingbu, no time or capacity to take into account. Late Xingbu as an institution, even difficult to maintain the normal functioning of all, let alone the exercise of judicial functions. Overall, due to the impact of the feudal order of the inherent rule, Xingbu has many judicial functions, but the specific operation cannot be fully in play.