Font Size: a A A

Record Prisoners System In The Song Dynasty

Posted on:2016-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y P JingFull Text:PDF
GTID:2296330461958763Subject:Legal history
Abstract/Summary:PDF Full Text Request
As the world’s legal representative,the Chinese feudal law has created a lot of effective judicial system.The system is one of Prisoners. Prisoners of the system under the influence of the Western Zhou Dynasty, "Matilda careful punishment" ideology appeared to sprout, The Western Han Dynasty has been formalled clear system of "Prisoners" and the term established as a system, then do not repeal and it has been used later. With the change of dynasty, historical changes, on the basis of previous generations of Prisoners system for continuous development and innovation. Until the Song Dynasty, recorded prison system has become an important tool for the development of the multi-touch surface of the integrated justice system and become the ruler of the country and bringing peace. In this paper, the historical development of the system as a clue Prisoners, Prisoners system Reorganizing origin, development and history of title changes, and officials of the Song Dynasty emperor Prisoners implement specific measures, and on this basis to explore the characteristics of the system as well as Prisoners Song Causes of the characteristics, subsequently possible to Prisoners Song comprehensive and objective evaluation system, as well as to clarify the impact of institutional Prisoners Song,Ming and Qing Dynasties and modern inspiration.By studying the origin of Chinese ancient prison system found Prisoners Prisoners budding system has emerged in the Western Zhou Dynasty- "Provincial Jail." Prisoners system and the formal establishment of the Western Han period of time should be followed by continuous development and improvement of the ages, the content constantly broad. Change on multiple title Prisoners system appears in the Tang Dynasty, the Song period is still in use.That the scholars discuss the most frequently is the differentce between "Prisoners" and "consider prisoners’.This article also makes some discrimination from a historical perspective, find out the " Prisoners " and " consider prisoners’ relationships.By checking a lot of historical data, in accordance with the main division, the implementation of the Song Prisoners system mainly include several forms: the emperor pro record Gyeonggi Department of prisoners; emperor sent envoys to the country divided Prisoners; regular and irregular central department officials Prisoners; local Officials Prisoners. And local officials are the largest group of Prisoners in the Song Dynasty, and they are the widest division in range and times.In the institutional basis of the previous generation,prisoners in Song Dynasty presents its own characteristics.First, more frequent Prisoners system. Second, the height of summer and winter Prisoners become custom, and this characteristic is the most important one, on the later Ming and Qing large trial, Hot trial system a tremendous impact. Third, the implementation of Prisoners system with changes in social circumstances change, which is even more prominent role in the instrumental record prison system. Fourth, Prisoners system function more diverse than before. Fifth, Prisoners in Song Dynasty recorded more prominent role of forgiveness. Above characteristics is the author of a large number of historical summary obtained through verification. The Prisoners Song attach such importance to the system for many reasons, because it has a comprehensive and flexible, not only the vindication of a miscarriage of justice because the trial a miscarriage of justice, sparse and never flooded prison Prisoners and Prisoners intent day by up to pray misfortunes Mi disaster, Sky and seek to respond to abnormal royalty healthy body. Prisoners Sky strange because while it is embodied in specific limitations autocratic monarchy in ancient thought.Comments of prisoners system of the Song Dynasty should stand historical perspective. It is a comprehensive system of justice specific social environment.the role of the then society should also look into two aspects. On the positive side: the first, in favor of the trial and the vindication of a miscarriage of justice mystery. Second, strengthen the supervision of the administration of justice. And third, strengthen the prison administration.Fourth, on penalty-relief it has a positive meaning. These positive aspects of the operation of the National Judicial Oversight Song emperor, to maintain social order, ease the class contradictions, buttressing the state has an important significance. On the negative side, Prisoners Song condoning consequences resulting system, making it difficult for national law to deter illegal. In addition, the system also has Prisoners Song limitations political system can not be overcome. It can be seen through the historical importance of the Song Prisoners system in its judicial system, far beyond our imagination, and has a significant impact on the establishment of the Ming and Qing hot trial system. "Humanism" and the core concept of the value of pursuing Song Prisoners system has exceeded the limit of the times, for the construction of modern law still instructive.
Keywords/Search Tags:Prisoners, The song dynasty, Justice, Prison administration, Forgiveness
PDF Full Text Request
Related items