The Research On The Function Of The Confucian Scholar-officials In The Process Of The Legal Operation In Song Dynasty

Song Dynasty was a special era of great importance to the law in the history of ancient China. In the occasion of the Song Dynasty, the Confucian scholar-officials boarded the attitude to the stage of history by groups, and had a significant impact in the political situation as the backbone of the society. Meanwhile, Song Dynasty was the prosperous period of the commodity economy. The development of economy caused to some extent the change of the social relations. For its distinctive nature of the times, the legal system of Song Dynasty made the appropriate contribution for the further development of the Chinese legal system. It included the philosophy of orthodox legal thought, the relative mature of legislative technology, the relative perfection of the judicial process. This situation occurred in addition to the ruling class attention and leading, and had close contact in the implementation and dissemination efforts of the law what Confucian scholar-officials of Song Dynasty made.The Confucian scholar-officials developed in the peak time in the Song dynasty, as a group, it had the basic content of the Confucian background, imperial official position and officials at all levels. Compared with the general sense, they had their own political character that participated in government management directly. After the literati became the participants in the regime, they were had the certain legal characteristics. It reflected in attention to their legal literacy training and the maintenance of legitimate interests of the people. In the process of the law running, the role of the Confucian scholar-officials of Song Dynasty had the following three aspects:First, in the legislative process, the Confucian scholar-officials maintained the feudal autocratic rule, pay attention to the overall interests of the people's livelihood and the pursuit of coordination between the national roles. For examples, Fan Zhongyan, Wang Anshi and Zhu Xi. They put different characteristics of the legislation ideas and directly involved in the central and local legislative activity as the representatives of the Confucian scholar-officials. Second, the Confucian scholar-officials directly trialed to preserve the reform and open of the law in the judicial process. On the one hand, settling a lawsuit according to many legal forms, on the other hand, considering comprehensively the unity of justice, compassion and law. Third, the Confucian scholar-officials had direct roles in the process of the mission of the law. Relying on conveying the encyclical stresses of the country, establishing a model and advising the local law-abiding interest litigation and other methods to educate people constrained social stability in order to achieve the goal.The reason why the Confucian scholar-officials had a role in law running process, which itself had a corresponding ideological root, and this was the Confucian "Saint and Emperor" moral requirements. On the basis of this request, it allowed them to participate in the legislative, judicial and legal mission process, consciously put the law and its own national interests, thought of the people as a whole, and as a means to achieve social order and harmony of expectations. However, it is this ancient Confucian factor restricting the legal expertise of our development, but also to some extent, undermined the authority of the law. But in that social environment, the Confucian scholar-officials promoted the development of the implementation of the law, justice and the rule of order and the maintenance of stability, to a certain extent, contributed to the realization of social justice and legal concepts of the spread.