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A Study Of The Division In The Trial System Of The Song Dynasty

Posted on:2016-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2175330461987640Subject:Legal history
Abstract/Summary:PDF Full Text Request
The judicial system of Song Dynasty is very careful. The JuYanFenSi system has distinctive characteristics in the Chinese legal. The current legal history has deep research about the Song Dynasty of the trial system.But research of the JuYanFenSi system has involved. The system is the judgment and separately from the trial. The JuSi division is responsible for the interrogation of our case, find out the facts of the crime. The YanSi division is responsible for is responsible for the basis of conviction and sentencing of legal terms. It can not only make the formation of checks and balances and separation power between the relationship,but also can prevent judicial official abuse of power. The Song Dynasty of the JuYanFenSi system has always been implementing the system, but has not been inherited by offspring. It became the characteristics of the Song Dynasty. This paper from the generation background of JuYanFenSi system as the breakthrough point, the trial operation procedure to clarify our archives division grew, at the same with the related cases to prove. From the objective angle mean positive and negative effects. The system generates clarify judicially JuYanFenSi system closely related to the separation of powers governing ideas. The JuYanFenSi system maintain justice and rectifying the prevention in the aspect of judicial. But the JuYanFenSi system rendered too complicated and meticulous cause some negative effects, such as judicial inefficiency and stagnation lawsuit flooding, etc.. It strengthened centralization the Song Dynasty rulers a threat.
Keywords/Search Tags:Song Dynasty, Trial, JuYanFenSi System, Decentralization
PDF Full Text Request
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