A Comparative Study Of The Legal System Of Song And

Due to geopolitical factors, the communication between Korean Peninsula and The central plains dynasty is very close. after Silla unified the Korean Peninsula, she imitated the system of Tang dynasty to establish law system country. The cultural homology of Korean Peninsula and the Central Plains dynasty laid a solid foundation for their communication.In the history of the development of relations between China and South Korea, the communication of Korea Dynasty and Song Dynasty can not be ignored. The researches on Korea dynasty and Song Dynasty mainly focus on the development of diplomacy, as well as the economic and cultural exchanges. This paper, in order to the contents of "The penal complex of Song"(《宋刑统》)and "Korea history-criminal law"(《高丽史·刑法志》),discusses the formation of judicial system of Song Dynasty and Korea Dynasty, gets the similarities and differences of their central judicial institutions and legislation, and analyzes their respective characteristics.Although a large number of "The penal complex of Song" inherited "Tang law"(《唐律》), but is still has unique features, such as the "Song punishment system" created the "please"(起请),added the "converting method by stick’(折杖法),these are the most characteristic of "The penal complex of Song". Korea Dynasty legal system under the dual influences of the "local customs" and the culture of Central Plains dynasty, embodying the light punishment and combining " courtesy "and law. From the content of history of Korea-criminal law ", we can known Korea law primarily mirrored the Tang law,he content, but also absorbed partial content of The penal complex of Song", such as" converting method by stick".Korea Dynasty established the national system imitating Tang Dynasty, the central judicial institutions was seemingly similar Song Dynasty, in fact, they are very different. The judicial power of the king of Korea Dynasty is relatively smaller than the emperor of Song Dynasty, generally the king need to discuss with ministers, Da Lisi(大理寺)is the highest organ of trial in Song Dynasty, but it acts as the role of prison in Korea Dynasty, the trial organ of Korea Dynasty is Xincao, Yu Shitai of Korea Dynasty is mainly to restrict the power of king.By compare with the law of Korea Dynasty and Song Dynasty, using "The penal complex of Song"and "Korea history-criminal law", we can get the similarities and differences. First of all, the legislative technology of Korea Dynasty is relatively backward, which is one of the reasons for the differences of two country. Secondly, the Korea law was mainly absorbed Tang Dynasty and Song Dynasty in the "Wu Xing(五 刑)","Shie(十恶) "," converting method by stick",and some of civil law, ", abandoned some of law content were unfit Korea Dynasty. Furthermore, in Korea law, there is less content about protection of king’s power and punishment of the criminous officers.In conclusion, although "The penal complex of Song" and Korea law both inherited the Tang law in a certain extent, but they also have some difference, the main cause is that the culture of the two countries, the degree of social development and different social organization.