The Research Of Tort Liability System In Song Dynasty

The Song Dynasty is an important historical period of China’s feudal society. The development of social productive forces in the Song Dynasty promotes the prosperity of the commodity economy, which makes the relationship of the commodity trading, becomes relatively complex. In fact, civil litigation laws there had been some new changes at that time. With the increasing communication between the civil and merchant, it’s easy to see the civil tort disputes. Therefore, the number of laws of tort relationships of the two Song governments (the North Song Dynasty and the South Song Dynasty) was relatively large, adapting to the growing phenomenon of civil tort. Song Cheng Tang system, the spiritual principle of the Song Dynasty’s laws come down in one continuous line with the Tang Dynasty, but compared with the Tang Dynasty, Song Dynasty has its own characteristics because of his special political and economic situation.In civil law, adapting to the developed feudal commodity economy, his tort system relatively advanced and the tort liability system has its own characteristics of the times. Song Dynasty has handed down abundant document literature which offers us the feasibility our study of tort liability system about the Song Dynasty.The paper is divided into five parts to study the tort system about the Song. The first part is an overview of the tort system in ancient China, though the analysis of tort content of the ancient Chinese system to reach civil tort system of dynasties’ historic and inherited characteristics, including the Song Dynasty. The second part is the development and changes of the relations of Song’s civil law. This part is through the analysis of the socio-political and economic background of the Song Dynasty which, come to the Song Dynasty feudal civil legal relationship changes in the environment of the feudal commodity economy highly developed, mainly feudal civil legal relationship between the main civil legal relationship between the changes of the object the same time, changes in the civil legal relations in the Song Dynasty closely related to changes in the Song Dynasty prison defendants and litigation concept. The third part is the main content of the tort system in the Song Dynasty. This section combines with the special characteristics of the times in the Song Dynasty, Song Criminal and other historical data for analysis of tort liability system in the Song Dynasty, from the modern legal theory perspective, study the legal norms of the tort liability system in the Song Dynasty in practice. The fourth part is the reasons of the Song Dynasty tort system’s relatively developed. This section by analyzing the characteristics of the era of the Song Dynasty of economic, political, ideological and cultural aspects of draw the tort system in the Song Dynasty developed. The fifth part is the characteristic in the Song Dynasty. This section through a comprehensive analysis of this article above, draw the characteristics of the tort liability system in the Song Dynasty era.The conclusion of this paper is the analysis of the era’ limitations about the tort system in the Song Dynasty. Indeed, the advanced of the Song Dynasty feudal commodity economy makes Song’civil legal system develop, so the appropriate tort liability system accordingly to develop. However, the feudal ruling class and inform the needs and the social nature of the feudal society to determine the internal adaptation that the development of knowledge of the tort system in the Song Dynasty ruling class to take to adapt to social and economic situation change, not break the shackles of the existing social framework. However, the tradition of the ancient society is not because of the different times lose its value, but it still influences our modern society in a unique way, the meaning of this article.