The Operating Mechanism Of Judicial Supervision System In The Song Dynasty And The Revelation

The judicial supervision system of the Song dynasty is supervisory institutions such as the Censorate and Jiansi supervise the judicial activities of the judicial authorities including Dalisi, Board of Punishments, prefectures and counties. The Censorate of the Song dynasty was the central supreme supervisory institution; it supervised the judicature by examining files. interrogating prisoners, impeaching malfeasance officers and inspecting local authorities. Jisi and other local agencies monitored the local judiciary by the review of documents, inspections of local cases and impeachment of duty crime of judges. Another important substance of the Song dynasty’s judicial supervision system is the supervision to supervisors. Supervisors had wide powers that the officer could impeach directly to the emperor, and it would make a great influence, so they need to be supervised. In song dynasty, the supervisors were restricted by qualification standards and on-the-job supervision.The salient features of the Song dynasty’s judicial supervision system are that the emperor pays a lot of attention to oversee the judicial and the monitoring body has judicial function. The emperor of the Song dynasty emphasized on strengthening centralization, consolidating power and the judicial power were in their hands. It showed mainly that the emperor directed judicial trial and judicial supervision, personally interrogated prisoners, pardoned criminals and made many imperial prisons, and so on, moreover the important supervisory officials were appointed by the Emperor, through such acts, the country’s judicial activity in the Emperor’s control. The supervisory institution of the Song dynasty has judicial function. The Censorate has the function of judicial trial, it can accept first trials, appellate cases, and the cases need to be reviewed. And Jisi also can accept normal cases and special cases that prisoners retracted confession some times. There are there sections, Zhuanyunsi, Tidianxingyusi, Tijuchangpingsi. They take charge of different cases. Tidianxingyusi is responsible for the criminal cases.The Song dynasty’s judicial supervision system has a good effect in managing and warning officials, safeguarding judicial justice, balance of power and consolidation of imperial power. But because of the limitations of the era and dynasty, it also has some limitations, the most fundamental point is the Song dynasty’s judicial supervision system serviced the Emperor, maintained imperial power and was controlled by the Emperor. The power configuration of supervisory institutions in the Song dynasty was not scientific. In the late Song dynasty, supervisors’corruption made it difficult for monitoring role to play, even the supervisors helped the bad do wrong, adding to political turmoil.The judicial supervision system of the Song dynasty not only played an important role for the political, economic and social development and has a profound impact on the later development of the supervision system. The judicial supervision system of the Song dynasty more closely than the previous system, monitoring the right independent of the power, the legislation about supervision system is also more perfect. The supervisors enjoyed preferential treatment, without supervisors received a jail; the supervisors were promoted faster than an ordinary civil servant. The content was used for reference by the later dynasties, promoted the rapid development of the supervision system for the future.There are earth-shaking changes from the Song dynasty to today in all aspects of political, economic and ideological. The most of the Song dynasty’s feudal supervisory system is outdated today. We want to integrate the current practice, selecting reference content from the judicial supervision system in the Song dynasty, in order to promote the development of the current judicial supervision system. First of all, we should pay attention to the legal thought of cautious punishment in terms of awareness, secondly, we can analyze the perpendicular and independent monitoring body in the Song dynasty and its effect, and finally the appointment and supervision of the supervisors in the Song dynasty will be a great reference for today’s selection and supervision of the supervisors.