Research On Songxue And Songshi In Song Dynasty And Their Influences On The Judicial Trial Of Counties

There appeared an important reformation and transformation in Song Dynasty during feudal society in China. With the further development of the private commodity economy, the complication of property circulation and the diversity of economic interests among social members, laws in Song Dynasty became more complex, rational and formal than laws in Han and Tang Dynasties. In response to widespreadly public demand for law, there was a nongovernmental Songxue, which taught the knowledge of legal cases and litigation skills. At the same time, there appeared a professional Songshi in judicial area, which wrote plaint of the court, guidinglegal action for litigants andcharging the cost of litigation inlitigation practices. Under the direct influence of Songxue and Songshi, there appeared litigious fashion among the people in Song Dynasty. Songxue and Songshi were not only both the objective needs of the people learning legal knowledge and an important manifestation of enhanced law awareness, but also an important symbol of modern transformation of legal system.However, Songshi’s sources of complicated composition resulted in the good and the bad professional ethics together. Some Songshi instigated legal cases to chase after the money, made false evidences, initiated repeated lawsuits and even colluded with Xuli and tyrannical persons to control counties’lawsuits, which not only Seriously interfered with the normal operation of the judicial order of counties, but also greatly challenged the ideal values of orthodox nonlitigiousness. So, in the eyes of thescholar-bureaucrat’sjudgers who insisted on the officially Confucian mainstream ideology, Songxue and Songshi had no rationality, legality and validity to exist. Thescholar-bureaucrat’sjudges mainly to suppressed and regulated the actions of instigating litigation, lodging a false accusation, interfering with other litigations, which not only seriously blocked the normal development of the legal services, but also made it impossible for the Songshi and judgers to unite a moden community of legal profession.However, thescholar-bureaucrat’sjudgers also compromised with and responsed to Songshi and Songxue. Under the direct stimulation of Songxue and Songshi, some pragmatic scholar-bureaucrat’sjudgers not only admitted the legal status ofscrivener and Shupu, but also attached great importance tolawsuits. Growing up of Songxue and Songshi also made the characteristically judicial system of bypassing-grade and reason of civil trial widely used in judicial process and trial in the Southern Song Dynasty. Finally, under the influence of widespread Songxue and the restriction of Songshi, scholar-bureaucrat’sjudgers who owned Confucianism, administration and law deeply realized that,only relying on the cursory morality and reasonablity which was lack of operating procedures,it was very difficult to effectively settle the complex disputes of civil property. Only depending on the judicial process, justice and decision based on law can completely solve property litigation. In other words, the use of reason in civil decision must be based on law and reason can not subvert law. The civil decisions were based on the facts, which were made certain by evidences, and law. In other words, civil decisions in Song Dynasty hadcertainty and predictability.Without reference to social ideology, contemporary China in social transition has some striking similarities to tremendously changeable Song Dynasty. The research will be able to provide some historical experience and lessons, from which we probably know how to developa good relation of professional community between judger and lawyer Within the framework of the law and how to effectively resolve the complex property disputes through the certain decisions of the court.