Research On The Effect Of Songshi In Judicial Order In Song Dynasty

Songshi generally refers to those who help people write the complaint to court. Although Songshi are not produced in the Song, but "ErBi" "Chashiren" and "Huatu" are the different expressions of Songshi, and both the connotation and extension roughly equal. It is well known that Songshi played an active role in standardizing judicial activities and safeguard the rights and interests of the agent. However, in the Song Dynasty rulers began implementing the "Wusong" "Xisong" under judicial philosophy, and they hate the behavior of "abetting" which made by Songshi. Rulers believe Songshi destroyed their goals and realize the value of justice, and there do exist the phenomenon that Songshi pick shelf speech litigation, inciting and encouraging people frivolous lawsuits, It is not only conflicted with the ruler "Xisong" judicial philosophy, but also affected the realization of judicial functions, and against the impact of the rulers of the judicial authority. In addition, the rulers believe Songshi affected the social masses disputes internal regulator, affected the impact of a family relationship-based clan legal order, they believe that Songshi holding lawsuit and cases that affect the judicial officials which increasing the cost of litigation for "prosecutor". Songshi received pressure from official at the beginning of the Song, and they are strictly limited to the practice of activity by rulers.Judicial order refers to the judicial body and the judiciary involved in the continuity of the operation of the judicial process in the formation of the state of social relations stability. Ancient judicial order comprises at least two meanings, maintaining the feudal rule, order, justice and social stability purposes one judicial body through the implementation and operation of the legal system generated; the other is judicial involvement in the realization of personal interest protection purposes the pursuit of judicial order. The presence and development of Songshi also play an important positive role in the judicial order. First, Songshi act objectively in favor of judicial efficiency. They were benefit with the parties and proxy litigation, specification writing legal instruments, saved the time that judicial officials reviewed instruments. Secondly, Songshi urge justice officials decide cases within a specified time limit which will help improve the work efficiency of judicial officials objectively. Again, Songshi familiar with the provisions of the Act, they are spread legal knowledge, a favorable legal and cultural heritage objectively. Finally, in the process of co-defendants undermined judicial malpractice, Songshi let justice officials to re-examine the activities of civil co-defendants, and began to pay more attention to those people about the expression of their interest.However, why Songshi was able to have a positive effect on the judicial order, the reason can be summed as follows. First, the conflict between the judicial order and Songshi is not the most fundamentally, the ruler does not exclude conventional medical practice by Songshi. Secondly, the existence and development of Songshi has its own rationality and necessity. Again, "Litigation" is a judicial order for the public to reflect the objective, and Songshi agent and co-defendants behavior helps people express their demands.To sum up, we should recognize while Songshi conflict with judicial order, it should be noted Songshi litigation as a force of civil judicial order for healthy change, we should actively absorb the essence of culture Songshi for China’s socialist the rule of law to provide a new understanding and beneficial exploration.