Study On The Defects In The Legal System Of Song Dynasty And The Source Of These Disadvantages

The Song Dynasty is a dynasty which paid more attention to the legal construction,not only created strict law,but also building up strict law enforcement platform, it has provided a good foundation for enforcing the law justly and abide by laws. But it doesn’t mean that the Song Dynasty has established a perfect legal system,more is not equal to realize the rule by law. For the vitality of law is to put into practice,only by law enforcement,making the text laws into reality laws,turning the legal system into the rule of law,and establishing the social legal order,this is the real meaning of legal system.In the legal system of Song Dynasty to create,owing to the lack of law itself and abuses in law enforcement,it has engendered a great gap between legal text and legal operation,that has made the laws of the Song Dynasty lose honesty in many aspects,which weakened the effectiveness of legal function and the realization of legal value.The subject of this paper is to discuss the defects in the legal system of Song Dynasty and the source of these disadvantages. Firstly,from point of view of the multifarious unstable law,discussing the reasons of the difficulty in using law and people’s trust crisis on law.Secondly, The emperor of Song Dynasty destroy the law and keep it slackly.Based on this,we can search the root of the poor legal status. Thirdly,the officers does mot obey laws，judge law case with a random attitude and accept bribe in law enforcement action.From this point of view,we can seek the reason that why the Song Dynasty has excellent legal system but has a bad governance. Fourthly judicial supervision is a effective implementation of guarantee to law. Probing into the illegal behavior of censorial authority of the Song Dynasty,seeking the roots of this phenomenon is necessary.From the legal system and the causes of it’s defects,we can found that the Song Dynasty still do not qualify to say that it has set up a real legal system,but it provides many valuable create experience for later generations,it also have important enlightenment significance for modern China to create scientific legal system.