The Study Of The Jinzouyuan Case In Northern Song Dynasty

At the period of autumn and winner in northern song dynasty qingli periods for four years,Su Shunqin, Wang Yirou, Wang Zhu, jiang xiufu and other twelve song dynasty officers, were impeached by censorate, for attending the meeting of gods in jinzouyuan. After trialing by KaiFengFu, they were all put in empulsion and ordered quiting, or were put in removeing penalty and were ejected from the court. This were called "the case of jinzouyuan" or "house prison".The problems involved in this case become more widely. It covers the history, politics, literature, law, history, and many other content, having important value of research. The author focuses on law in the research, using the song dynasty law as a tool, scans the case whether bases on legal criterions for the conviction, and examines whether the judicial procedure is proper and orderly. On the basis of legal analysis, th author surveys system sources for the case to rise and expand.In addition to the introduction, the paper is divided into five chapters:The first chapter has a review at case. The author makes an integration of historical data, gives a comprehensive introduction of the background, development process and result of trial from historical perspective.The second chapter tells the dispute focus and reasons between the impeachment party and the defendant party.The author uses modern legal interpretation method, analysizing the criterions held by the two parties for the conviction of argument and the basis, comparing the differences and contradictions of both sides.The third chapter analysizes thr case under substantive law. The author from two aspects, fact finding and law application, bases on song dynasty punishment system, scans the legitimacy and rationality of criterions for the conviction of the five people, Su Shunqin, liu xun, Wang Zhu, jiang, the Wang Yirou. Within this section, the author also makes a historical interpretation on some involved issues and concepts, such as meeting of gods, inzouyuan, old paper, public money, prostitutes, and scans the fact whether Jiang Xiufu is in mourning.The fourth chapter analysizes from procedural law perspectives. This chapter content and substantive law analysis are one but two sides of the law analysis of this case. The author begins from the perspective of the northern song dynasty justice system, reviews the supervisory organ, censorate and judicial organ, to KaiFengFu impeachment, filing, arrest, trial and judgment in the stage presence of abuses, unauthorized, violate compasses act.The fifth chapter,the author uses two principles, connection with different sentence and according to article weight into the sin, as the breakthrough point, places the case against the background of the New Deal in qingli periods, lifts the viel of governing system in north song dynasty, which means the rulers’sticking to and practice of ancestor family disciplines, and reflects the the running situation of political power of the legal system in northern song dynasty.Conclusion part is a summary of this paper.