Research Of Death Penalty Review System In The Song Dynasty

Song Dynasty is the dynast y with the highest achieve ment of legal system construction in China’ s feudal society. During this period, the system of the death penalty review had reformed and innovation compared to previous dynasties. Mainly based on the case of death penalty, it was divided into non-difficult death penalty case and difficult death penalty case, and thus fo rmulated the different review procedures. Although its essence was still th e tool for rulers to suppress the people, but its strict system play a certain role on the regulati on of the prevailing social contradictions, reducing the miscarriage of justice occurred. Therefore, through carding and research of the death penalty review system of Song Dynasty, not only can revivify original historical truth, but also can make contribute to the current construction of the rule of law through mining the rationality of the system.The reason that the Song Dynasty formed so unique death penalty review system is also based on the profound social and historical reasons. First, in the long history of ancient China, the death penalty has been the effective tools for the rulers to suppress the ruling class. However if there with much implementation of the death penalty, frequent miscarriage of justice will undoubtedly stim ulate class contradictions, causing social unrest. So while in the use of the death pen alty for maintaining the class ruling, there also need to limit the death penalty, prevent the origin of miscarriage of justice, as to m aintenance social stability. The death penalty review system arises at the historic m oment. After the long bud stage in Qin Dynasty and Han Dynasty, the death penalty review syst em was finally set up in the northern and Southern Dynasties and got all-round devel opment in the Sui and Tang Dynasties. In the Song Dynasty, rulers have been awar e of the im portance and necessity of the system. So the developm ent and i mprovement The Death Penalty Review system sentence was im perative. Secondly, in the aspect of po litical system, because the influences of governing conceptions that “develop a sound system for all aspects need to considered, well preparation and a rrangement for t he prevention of hidden dangers”, and political structure that “the local administrative power and the power of appointment and re moval of of ficials firmly in the hands of the court”, establish tidianxingyusi between the central govern ment and the local governm ent, and tidianxingyusi hold the death pen alty review power. This w ill not only reduce th e burden of the Department of the Ministry of justice, improve the efficiency of review, but also directly limit the state’s right to judge the death penalty, so as to achieve the purpose of mutual restraint between the vari ous powers. In the aspects of ideology, because the Song Dynasty ru ling class t ook cautious p unishment thought that emphasizing virtue and being cautious with penalty and c areful justice and spar e punishment as the m ain value, emphasizing the governing idea that strict legislation system and moderate forbearance in using the rules. When formulating the detailed legal system and strict judicial system, a ttaches great importance to people’s life and prevent prison origin. Especially f or death penalty case st ill have doubts and controversies, there formulated the ruling system that it must to invite an emperor for the judgement.Analysis the review system of no dif ficult the death pen alty case, the m ost important is to clarify the change history of review authority. In the early years of the Song Dynasty, before the Y uanfeng restructuring, the states government has final adjudication power of death penalty cases. And before execu tive do not need to present to Ministry of punishment Shen for review, just need to record after the event. After the Yuanfeng restructuring, central government strengthened the control of the states, established tidianxingyusi. T here was no doubt the death penalty cases need tidianxingyusi review before they can be executed. In ad dition, the executab le of soldiers death case were must be reviewed by the Privy Council. The operation of the complex procedure of dif ficult cases, m ainly including the establishment of the organs that have the right to participate in the represent. The main Dali temple, the Department of criminal, criminal court, and change of the func tions of the various agencies have also passed through five stages. But if present case encounters the disagreement between the review authori ties and cannot be determ ined or emperor does not agree with the original agreed charges and other special circumstances, there need to start the courtier discuss. About the table for placing the m emorial to the throne, there are legal playing and discretio nal playing. Legal play ing refers to the edict must be clearly defined the cases must with legal playing. Such as death penalty cases in capital region and military decapitation cases. discretional playing is refers to in the edict did not m ake clear a regulation m ust be re played, but in general death penalty case, those cases are necessary to be replayed in accordance with the situation of the criminal and the circum stances of the crime. There usually have punishm ent name misgiving, reasonable pathetic, asym metry between sentiment and laws. After submitting memorials to the throne, the difficult death penalty cases have three results in theory: Firstly, upheld, execution of death penalty according to law; secondly, the original improper, remanding re-trial; thirdly, reasonable mercy, punishment name misgiving and other situation, probationary suspension for death. In fact, there had difficult death penalty cases in So ng Dynasty that was r emitted from death f or leniency after sumitting memorials to the throne.Through combing the death penalty review system of Song Dynasty, combined with the characteristics of the system and the shortcomings exposed in the process of the actual implem entation, the reform of China’ s current death penalty review procedure mainly have the following inspiration: firstly, ensure that the concentration and the highest of the power of review ing death penalty; secondly, reduce the loopholes in legislation and exclude the subj ective impact; thirdly, the establishment of strict liability acco untability system; finally, promote the diversification of supervision subject of procedure for review of death sentence.