The Case Study Of Tang And Song Dynasties

Emergence and development of the ancient Chinese jurisprudence are consistent with the development of ancient law, has a long history of evolution, has a number of judicial practice experience, such as cases and statutes, the relationship between the formation of precedent, case collection, the application of the case, there is a lot of technical means, is worth us to focus on. Social development has the continuity, social cultural continuity at the same time, China’s modern society step by step from the ancient enmities, there must be a lot in common in which culture heritage, so for the ancient case research for the modern society, however, still has a realistic significance.Ancient jurisprudence has clear context, the evolution of the development with the development of the society, the practice of law, precedents, in the form of the position in the whole country’s legal system is also constantly adjust, constant change. Previous scholars research on ancient jurisprudence tend to be more pay attention to the change of form, adopt the way of "date" to study, that is to separate each dynasty law to study, so it is hard to see what’s the rule. I think, for the ancient jurisprudence research should be from the overall point of view, the legal system of each period is the case with the ancient and the combination of political and economic situation, so it is easier to see the evolution of the case development has a certain inherent law. Also from the perspective of sex at the same time, each period the change of the precedent system linked to the political and economic development, so for the present it will be easier to understand ancient precedent.Development of ancient Chinese legal system is: the early qin and han dynasties period of the statute law and case and statutes gradually improve- wei jin south and north dynasties, sui and tang dynasties statutes achievements peak, statute law and case law, the formation of the mixed mode during the song and yuan period, the further development of the Ming and qing dynasties mixed mode.Can be seen from the above development course, the case in the ancient Chinese legal system exists and played a huge role, the ancient Chinese legislative model is a mixed mode, is not a simple written law countries, this article through to the tang and song dynasties, China’s case, the situation of the development of more comprehensive display of the legal system of the tang and song dynasties, provide the basis for us to better understand the Chinese legal system, and provided material for the construction of precedent system of our country.