Font Size: a A A

Southern Song Dynasty Judicial Inspection System

Posted on:2009-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:X H XuFull Text:PDF
GTID:2206360245976836Subject:Legal history
Abstract/Summary:PDF Full Text Request
This thesis is a research on the judicial examination system in South Song Dynasty under the legal culture then by analyzing Song Ci's Xi Yuan Ji Lu, thus revealing the rich cultural connotations of judicial examination system. This writer hopes this thesis can be a complement to the current research production on the judicial examination system in South Song Dynasty in the field of law science.The thesis starts with the background of Xi Yuan Ji Lu. In Song Dynasty, the thoughts of prudent criminal punishment and combining punishment with leniency promoted by ruling clique played an important role in the judicial examination at that time. The academic experiences and legal practices of Song Ci, as well as the academic theories in Song Dynasty thoughts also contributed to the book. Since Song Dynasty, Xi Yuan Ji Lu of Song Ci has significant influence on the system and theory of judicial examination of China. Moreover, the contributions to international legal culture by this book have reflected the glorious ancient legal culture of China.Xi Yuan Ji Lu is an extension of social culture of Song Dynasty. It is an intensive expression of the legal culture of South Song Dynasty in the field of judicial practices. Chapter 2 details the major parts of judicial examination in Song Dynasty. The chief officials must examine by himself to prevent coroners and wicked clerks from seeking personal interests by abusing their power in order to avoid the result of died person be examined. This chapter analyzes some procedural rules, such as submitting examination, first examination,second examination,no method to examine,exemption from examination in judicial examination. It also expounds false charge that arose in the procedure realizing, and the legal culture status at that time.Song Ci's Xi Yuan Ji Lu is not only a medicolegal monograph recognized by the government after South Song Dynasty. Some contents of this book are also adopted as examination methods of legal validity since then. The principles, technology and methodology of judicial examination promoted in this book are inherited and developed in later generations to become important basis for official judicial examination. The theoretical and practical values of Xi Yuan Ji Lu are fully recognized not only in the field of forensic science, but also have significant influence on the development of ancient system and theory of judicial examination.
Keywords/Search Tags:judicial system in South Song Dynasty, judicial examination system, 《Xi Yuan Ji Lu》, Song Ci
PDF Full Text Request
Related items