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The Study Of The Judge’s Responsibility System At Song Dynasty

Posted on:2014-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2256330401978289Subject:Legal history
Abstract/Summary:PDF Full Text Request
The Song dynasty has the fast economic development and the political liberty.But in order to prevent from the balkanize in Tang dynasty,the rulers of the Songdynasty who started from the Chengqiao mutiny adopted a series of measures tostrengthen centralized. And pay more attention to literature but less on the skill is themost important way. Emperor Taizu had said he would never kill any scholar-officials.The people in Song dynasty respect scholars, emphasis on education, developingcultural and compiled large numbers of book. Embodied in law, Sony dynastyconcluded the early legal system and make the revision statute books called Sony xingtong. It is the based law in Song dynasty. Duanyu law make the responsibility clearlyfor the magistrates when they verdict for the case. Justice is an important way toresolve disputes between people. Fair and lawful decisions can protect people’slegitimate rights, combating illegal and criminal acts, establishing judicial authorityand maintaining social stability. Therefore, it is very necessary to make up the legalinstitution of judicial proceedings. So a system of judge responsibility system cameinto being. This system clear the responsibility when the judicial against the form ofthe statute.I will comb the articles of law and summary the judge’s responsibility based on the Song xing tong. And also will be integrated with other ancient literature in theSong dynasty which the Song xing tong did not addressed complete show judgeliability system in the Song dynasty. Combined with case in the history of the Songdynasty, we make analysis the responsibility of magistrates, examine the actual effectsof judge liability system. Song dynasty plays an important bridging role in thehistorical development. It changes a lot between the judicial accountability system inthe Tang dynasty. And the dynasty after Song also have a change. Compare the systemfor Liability of magistrates in Tang and Qing dynasty we can find that the system inSong dynasty makes a very important role. And it shows have a well developedsystem of judicial responsibility from a dynamic development process.There are five parts in the article: First of all, the article will explain the reason ofchoosing Song Dynasty and the reason of choosing judge’s responsibility, then,definite judge, combine the current research of the Judge’s Responsibility Systemat Song Dynasty, propose research methods. In chapter one, I will comb the articles oflaw and summary the judge’s responsibility based on the Song xing tong. In chaptertwo, I will inspect the system based on cases. In chapter three, I will compare thesystem for Liability of magistrates in Tang and Qing dynasty we can find the way ofdevelop for the system in Song dynasty. At last I will make analysis of the cause offormation for this system and summary all the evaluation for the Song judicialresponsibility.
Keywords/Search Tags:Song dynasty, Song Xing Tong, judge’s responsibility
PDF Full Text Request
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