The Research Of Legal Effect About Songshi In Qing Dynasty

Songshi in Qing Dynasty was banned by social concept and system because of the professional characteristic, and also grew up gradually behind the scenes due to the career advantage, difficult but always existed. This group played a complex and indispensable legal effect in the society of Qing Dynasty all the tine.This article put the legal effect of Songshi in Qing Dynasty as the main line, and expands the discussion into three parts. The first part is "The effect in legislation of Songshi in Qing Dynasty". In this part, at the first, the particular parentage of Songshi made them show the mark of the mainstream culture of society everywhere in the thought of litigation, fit with the legislation thought of the unity of "heavenly principle, national law, and sensibilities" of dominator, so that the legislator of Qing Dynasty could realize the effect about social justice of the concept of litigation to a certain level. At the second, the comments for the law and the secret handbooks were the crystallization of the wisdom of Songshi. The comments not only influenced others’activity of annotating law, but also noted as interpretation of law, and many classic cases of their handbooks provided good template for compilation of cases in Qing Dynasty, both were beneficial to perfect legislative technique of Qing Dynasty. At the last, the existence of Songshi was deviated from the idea of "non-litigation" of dominator, and evildoing in assistance for litigation from Songshi made legislator make more strict laws to govern them, but on the other hand, this was also an influence of legislative achievements in Qing Dynasty of the assistance for litigation of Songshi. The second part is "The effect in justice of Songshi in Qing Dynasty" Firstly, Songshi had different behaviors in justice, and by which they incarnated the effect. Just as everything had two-sidedness, Songshi also had a double effect on justice, so we could not only see the deliberately evaluation from authority. In the judicial practice, Songshi assisted in drafting legal documents, provided counseling and managements, negotiating with government officials and so on, which both had negative influences and positive effects. In addition, mediation by Songshi and spread of theory of litigation were not major behavior of Songshi, but they also influenced the justice of Qing Dynasty. The third part is "The effect in legal education of Songshi in Qing Dynasty". In this part, we aim at the legal education and expand the effects of Songshi in studying laws and using laws. On the one hand, they had general knowledge structure like other intellectuals in the overall background of imperial examination system of Qing Dynasty, on the hand, the particularity of vocation made them get relevant legal knowledge through some ways of law education, and to some extent, this knowledge and its formation and the use of which by Songshi mode influenced the law education in the society of Qing Dynasty in reverse.In a word, Songshi could not be affirmed, but they got ahead by kinds of acts, and played a role of law which should not be neglected. Through our careful analysis of the function of Songshi in legislation, justice and legal education in Qing Dynasty, we distinguished the evaluation of Songshi in ancient society, tried to show their full legal effect, and also wished for providing some reflection and use for reference for the modern lawyer and its development. If dominator could treat Songshi right, know how to play their positive role, rather than blindly exaggerate its negative effects, maybe this occupational group can transit to the modern lawyer naturally, it was not clear, but they would not fall in the middle and later periods of Qing Dynasty.