Research On The Trial Technology Of Song Dynasty

The law is not sufficient for itself,The charm of trial is concentrated on the application of the technology of trial,The Song Dynasty was the period of the development of Chinese feudal law,The rapid development of commodity economy in Song dynasty,"Litigiosity" in vogue,The case is complicated and the number is soaring,This will undoubtedly challenge the judicial wisdom of the song dynasty.But in the face of such a complex and changeable judicial situation,the judicial system of Song Dynasty not only did not decline,but was more prosperous,The hidden wisdom behind it is the use of trial techniques.This article is about 40000 words,divided into four parts:The first part: the reason of the trial technology in Song dynasty.This is the value basis of judicial activities,so in judicial practice through the use of trial technology to achieve the value of these three aspects.First of all,described from the perspective of the unity of law and morality,moral interpretation of the law,to make up for the lack of legal rights and interests of the parties,the boundary does not exceed the legal definition,and morality in the Song Dynasty not above the law,but can not replace the law,just under the law,they are unified.Secondly,this point from the unity of legal effect and social effect again are described.The judicial officer in judgment process of the mission,in the premise of maintaining legal stability under the consideration of social factors related to the case,the final judgment can be between the needs of the society.Finally,the pursuit of the unity of truth,goodness and beauty,the trial technology is not simply a technical activity,which carries the law of the law itself,the cognitivepower of the judiciary and the feelings of the public.Seeking truth,seeking good and beautiful,giving full play to the important role of justice in social governance,is the inherent driving force of the development of judicial technology in the song dynasty.The second part: the specific application of the trial technology in Song dynasty.First of all,the fact that the trial described the technical application of that point of view,weakening the Song Dynasty subjective confession,strengthen objective evidence is the significant progress,then the allocation of the burden of proof is more reasonable and the facts of reasoning.Second,the trial of trial technology.Five listen to the trial operation is the essence of technology,is that these are summarized based on the experience of sublimation in the trial and become,and rely on the judicial officer's social experience,trial experience,according to a large number of specific case to use.The judicial function is the pursuit of the suppression of litigation,the pursuit of litigation;social function is the pursuit of educating the people,stability and tranquility,one of its core is the legal thought of cautious punishment,for careful punishment,to understand from the trial technology,that is not dependent on the inquisition by torture,but be good at summing up experience,through good at giving systematic guidance and education or the other way to trial,the facts of the case.Again,the referee based selection is reasonable and deliberate judgment aid.Finally,the mode of choice,according to the choice of mediation or judgment concluded different cases,based on comprehensive judgment,can choose more litigation way to end the case.The third part: the practice effect of the trial technology in Song dynasty.First of all,the use of trial technology is the most direct method to let people interest litigation,trial use of technology for the closing rate,the parties to the judicial and social acceptance,to improve thejudicial authority and other aspects of the role,this is the direct effect,then to teach people.Secondly,the practical effect of judicial technology can be counterproductive to the law,which is manifested in the expansion of the scope of legal regulation and the application of law.The fourth part: the Contemporary Enlightenment of the trial technology in Song dynasty.A lawsuit,but the trial use of interrogation technology of the essence,the ancient and modern all the same.In this paper,by exploring the trial technology for our contemporary enlightenment the main points.The first is how to use technology to achieve judicial fairness and justice,the judicial officer reserves outstanding,the historical responsibility of judicial officer in Song Dynasty,a sense of deep insight,worth learning.The life of justice lies in the implementation,the key lies in the implementation of the technology and methods,the core of the trial technology is to have a good judicial reserve and implementation.