Font Size: a A A

Song Basic Research

Posted on:2009-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y P LiFull Text:PDF
GTID:2206360248450760Subject:Legal History
Abstract/Summary:PDF Full Text Request
The "Ling" in the Song Dynasty have taken its own unique position and role as an important legislative form. However, very few systematic Research of it. Based on these basic issues our more accurate, complete awareness of the role of the "Ling" in the Song Dynasty can be carried out. In order to change the current law on the deletion of the "Ling" in the Song Dynasty, the research on the Song can develop .History of the Song Dynasty help sort out the various legal forms, more comprehensive understanding of the overall situation of the legal system, so that research into the history of the Song Dynasty law more in line with the actual history of the Song Dynasty.As Song to the provisions of the very extensive, involving political, economic, cultural and social life in all aspects of the Song Dynasty, which should be comprehensive and detailed study . The contents of the various systems and the development of the Song Dynasty in the whole situation changes far beyond my knowledge. Therefore, In this paper, choosing only some of the basic issue to study the Song Order. Which is in the building of the legal system and the position, changing the current study of the history of the "Ling" in the Song Dynasty in Chinese, the Tang-Song and the light of the status quo. Thus a more comprehensive understanding of the overall situation of the legal system in Song Dynasty.This article consists of the prelude, article, conclusion composition.In the preclude, the author of the study, gave a general note of the "Ling" in the Song Dynasty, and pointed out that the people of the relevant research and basic understanding of the "Ling" in the Sony Dynasty showed the history of the legal profession are relatively weak link. History legal profession as a whole, this is a big shortcoming. Thus changing the current situation, contribute to an overall understanding of the Song Dynasty legal system. The value of the research told that Song order played a important role in the history of the development and evolution, also very important in a legal form.The first part of the article discusses the history of the Song Order and the outline of the revised structure. According to the development and changes in circumstances that before the Song Dynasty, the "Ling" in the Song Dynasty is a summary of the historical development. To adapt to the changing times, the "Ling" in the Song Dynasty have no exception. Throughout the Song Dynasty, the Song of the implementation process was continually amended, including the codification of stylistic amendments to ultimately Tang from the shackles of the style, has its own unique form.The second part, included a thorough and meticulous discussion of the contents of the Song Order, pointed out that the modern sense, contained numerous legal departments. Involved following three aspects: the Song of administrative, civil, and the specific performance lawsuit. Focused on the administrative system, such as the status of the emperor system extreme measures, bureaucratic management system, a series of public service system for the management and so forth. Showed that the Song Dynasty was a patriarchal social hierarchy, with a sound legal system. Second, in the civil law, the provisions of the market order, the divorce system, as well as involved Monopoly system, and so on the fundamental aspects of civil life; third, in criminal proceedings, provided the principle of conviction, the judge responsibility and the management of prisoners and so on, for criminal justice provide procedures for the legal protection.The third part, focused on the nature of the problem. Discussed the relationship between the Tang Order and Song Order, we know that Song Order was the inheritance and development of the Tang Order, however the content and the style, has been codified, nature didn't changed .The second part of contained a large number of modern administrative law, but also included some equivalent modern civil law, procedural law norms. Hence the Song Order attributed to the nature of the Administrative Law (Regulation) committed a sweeping view of the logic error. Through inspection of the learning history on the "Ling" in the Song Dynasty, and comparing it with the "Lv", the "Ge", the "Shi" and the "Ling" in the Tang Dynasty and so on, we have a conclusion that the "Ling" is Non-criminal Regulation, but just is the institutional Law and takes the principal position in the Song Dynasty. So we can realize its status in Song Dynasty clear.In the conclusion, basing on the above part of the exposition, I take a proper evaluation on the closing part of the "Ling" in the Song Dynasty. In view of the condition that we all take more attention to the "Lv" than the "Ling", the author points out that the "Ling" is one important legal department except of the "Lv" in the Song Dynasty. In a word, the "Ling" played a vital role in Song.
Keywords/Search Tags:"Ling" in the Song Dynasty, Historical Origins, Content, Nature
PDF Full Text Request
Related items