The Expression And Practice Of Song Dynasty Criminal Law

The combination of law and literature is not an accident, to study the literature law has its merit, to study the ancient literary works in ancient legal system is especially feasible; This article will take the "All Man Are Brothers" as the empirical material to study the criminal legal system in the song dynasty. Study a dynasty of the law, should not only see its legal expression, also depends on its legal practice, to study how the unified, more to study how they deviate from; Dynasty, song dynasty is a high voltage power rule of law seriously at the mercy of the power. The law is the law of the ruler of song dynasty, is the government’s laws, instead of public law; Law of corruption in the song dynasty, from the deep point of view, is the power of the song dynasty corruption; Song dynasty the severe social reality, determine the law in the song dynasty Confucianism expression and also decided to cruel in song dynasty law in practice; But the government failure is expressed in the law and practice, then further intensified the social contradictions in the song dynasty; At the same time also should admit that song dynasty make outstanding contribution to the law. Its innovation and reform in the law and even today, for future generations to provide the valuable reference. This article is divided into four parts, the introduction to the main narrative to study the feasibility of the legal system of ancient classical literature, and related law and literature at home and abroad research phenomenon. Also referred to as the song dynasty study empirical material in the introduction to "All Man Are Brothers", is the study of song dynasty law rare materials. The first chapter introduces the criminal legal system of song dynasty, content has the spirit of the law, legislative, judicial, legal aspects of innovation; Thesis chapter ii combined with concrete to see "All Man Are Brothers" in the song dynasty in the criminal legal system, to ensure our criminal law system in the song dynasty a slightly more specific image, including the combination of" AII Man Are Brothers" see the criminal lawsuit system, combination of song dynasty to song dynasty,"All Man Are Brothers" to see if the system of two parts.