Study On Legal Examination System Of Incumbent Officialdom Of Song Dynasty

Rulers of Song dynasty absorbed so much experience of how authoritarian of Tang generals causes social chaos, regime change, that they reverted the military power, treasury and justice into the central power, greatly weakening local power. Rulers adopted "heavy weapons suppression Man" employment strategy, strict legislation so as to establish a civil service system of high-degree standardization. With the rapid socio-economic and cultural development of the Song Dynasty, the rulers gradually recognized the important role of law in governing the whole country, so officials are required to learn and utilize laws. Meanwhile, a large-scale implementation of the Song Dynasty Imperial Examination system and a large number of children of officials enters imperial court makes contradictions of redundant officials in Song society become increasingly prominent. Therefore, to ensure the quality of the legal team of officials to maintain social order and stability, Song officials established examination system of law. Scholars did a lot of research in legal examination system of Song dynasty, but dedication to legal examination system is not sufficiently systematic and comprehensive, involving less influence on the legislative background and on future generations. In this paper, on the basis of "Song Hui Yao Ji Gao" and other historical data, from the legislative background and purpose of the legal examination system, legal sources, categories and content system, an in-depth and comprehensive evaluation of this system is done. This discussion is combined with author’s own understanding and amends some of the arguments in previous studies. This paper can be divided the following parts:The first part is about legislative background, purpose and legal sources of the Song Dynasty official legal examination system. In terms of government management system, Song change the extensive swordsman political to systematic specification civilian political. Rulers emphasized on the importance of law in governing the country and in restriction and management of the election of officials, asking the officials to study and apply laws. Meanwhile, due to the rapid development of social economy and culture, a number of new personal and property relationships are created, trends of social interests are diversified, citizens’ awareness of their own rights and law are also raising,, which put forward higher requirements of the legal quality of officials at all levels. In order to meet the needs of their own positions, officials are required to study law spontaneously. Therefore, the Song rulers established official examination system so as to adapt to new social needs and safeguard their legal rule. Legal origin of this system includes King Dahir and supplementary rules released by central or local political departments in addition to officials’suggestions confirmed by the King.The second part mainly deals with legal examination system for general officials. This part is divided into chapter for Quan trial law of civil and chapter for trial criminal law. Quan trial law of civil is established for official heirs, central officials and county officials. As Qingli new policy and Xining reformation went on, Quan trial law gained great development, revised for plenty of times, become one of the important legal examination system. Trial Criminal Law is a specific law examination established by the rulers with the aim of selecting central and local Judicial officials, which originated from Trial Judgment system at the beginning of Song dynasty. Trial Judgment system derived from the judgment trial of ethics, remarks and scripts at the start of Tang dynasty, established in period of the first emperor, finally lost its significance in selecting genius due to its fixed testing contents and abolished during the period of Shenzong Xining. Trial Criminal Law derived from the third year of Taizong Yongyi, all emperors in Song made detailed provisions for the exam content, performance standards and incentives except for the period when Guang Sima is in rule. This system played an important role in improving the legal quality of all-level officials and maintaining social orderThe third part mainly discourses a few kinds of special law examination systems in Song dynasty, which can be classified as Cheng trial law for military officials, Liren law examination and law examination of selection between temporary officials. Cheng trial law for military officials is established for military officials’ transfer or promotion. Their skills in riding, arching, using tricks or arts of war are tested, in addition to their ability to judge criminal cases. Military officials are required not only to have high military quality but also to know related laws, through which keep military forces disciplined. Liren law examination appeared in Zhen Zong period. In order to motivate people dedicated and active in law study, rulers give Liren opportunities to take law examinations for promotion. This plays a vital role in improving the law quality of Liren and maintaining order in the court administration. Temporary officials are widely used in Guangdong and Guangxi districts. Rulers select officials from local citizens or loose officials through law examination. It is to satisfy local citizens’ eager to be officials and to impose better management on this district, demonstrating rulers’ flexibility and target on government management.The fourth part evaluates law examination system for officials in Song dynasty.Firstly, law examination system for officials contributes in large part to advance officials’ law quality and alleviate contradict in redundant officials. Meanwhile, this system has long-lasting influence in the coming Ming and Qing dynasty, especially in republic of china, where BeiYang government established civil official examination system that emphasizes in testing law of precepts and the law quality of test participants. In addition, there are also some short comings in this system, such as the equality of examination is impacted the feudal privilege concept, cheating behaviors are serious during examination.The last part is a summary of law examination system for officials in Song dynasty. Though there are some certain disadvantages of law examination system for officials in Song dynasty. However, its positive influence in improving the law quality of officials and contributing to maintain the public order needs to be approved. Its inspiration value in the long feudal history also provides beneficial experience for modern official system.