The Research Of Song Severe Law In Special Areas

As one of special laws of criminal in Song Dynasty, severe law in special areas has its own features both in the form and content. Severe law in special areas itself is not a law. Instead it refers to a series of laws that apply to certain criminals in certain places along with the conventional laws. Severe law in special areas came into being with the development economic conditions, social environment and legal traditions. As a collective conception, severe law in special areas undertook a long time from the beginning to the abolishment. As a local law, severe law in special areas applies to limited areas using county as unit in which the politics, the economy, the transportation, the resources and the natural environment played important roles. As a special law, severe law in special areas only applies to those crimes regarded by the authorities to be dangerous to society, including robbery, theft, theft/robbery concealing and other crimes that endanger the feudal ruling system. As a supplementary law, severe law in special areas shall not separately apply since it has no its own name and it just increases the severe of penalty. It must refer to the conventional laws. To guarantee the implement of severe law in special areas, the legislation party takes two different actions, rewarding and punishment for three different subjects, the officials, the common people, and the criminals. The law is one of the factors that influence crimes. Severe law in special areas failed to reach the goal of the ruling class since crimes cannot be eliminated only through laws. The most valuable for severe law in special areas lies in that it comes up with location rather than increase the severe of penalty. Severe law in special areas lays its focus on the criminals that should be punished excessively in certain places while the place itself isn't the prerequisite of crimes. How to prove the location to be appropriate for intensifying the penalty is the key factor to implement severe law in special areas and it is also why severe law in special areas has received so many critics. In the natural environment factors that influence crimes, geographic environment cannot be ignored. Neither can the law. The ruling class takes the severe law in special areas cautiously because severe law itself is not the goal, a good social order with a stable social relation is.