A Study On The System Of Criminal Retrial In The Song Dynasty

The system of reexamination of criminal cases has a long history in our country,and has experienced a long and continuous process of development and perfection.The criminal review system in our country appears after the slavery Dynasty Western Zhou dynasties,the succession of development,with a high degree of political economic and cultural development,the Song Dynasty rulers attach great importance to the construction of the legal system,the highest level of review of criminal cases is an important legal system to the development of China's feudal society.Criminal review system in Song Dynasty reflects prudent criminal punishment prison thought,to prevent unjust case occurrence and improve the legal environment has played a great role in the criminal review system in Song Dynasty,as a representative of Chinese feudal legal system,not only inherits and embodies the first toward wisdom,but also reflect the social status and fit,is of great significance.To the modern judicial system in China today,once again we study this system is still on the show is very advanced and scientific admiration,has the very high academic value of the research.At present,for the study of the criminal review system in Song Dynasty,the attention of the domestic academia is still lacking.Many scholars wrote articles on the criminal review system in Song Dynasty,and the articles on the overall review of the Song Dynasty's criminal review system were relatively few.Through access to a large number of ancient books,and the relevant papers were collected by the historical and contemporary theories,a more in-depth understanding of the Song Dynasty of the criminal review system,the academic circles in our country the criminal review system in Song Dynasty as the Song Dynasty mainstream criminal review system which can correct the error in judgment to prevent miscarriages of justice,a retrial system set,based on the inheritance of the criminal review system,with the further development and perfection of system design,it is more reasonable and meticulous.The retrial system of the Song Dynasty reflected the thought of the ancient rulers "penal punishment and prison",which played a great role in the judicial justice at that time.This paper mainly expounds the criminal review system in Song Dynasty,the Song Dynasty selected criminal review system as the research subject,not only for China's ancient review system of criminal strong interest,is also hoping to learn from the ancient criminal review system and then explores the practical significance of the China.In today's society,with the development of science and technology,a lot of criminal investigation techniques have been improved,but the number of criminal cases has increased,and the trial process of criminal cases hasbeen hurried.Substantive justice and procedural justice in criminal cases can not be well guaranteed.At present,the judicial system in China is much more obvious than in the past,but we still need to continue to reform and improve it.I hope this article can provide a reference for promoting the rule of law in China.China has a long history and legal civilization,and I think it is better to draw nutrients from the ancient legal civilization than the experience of living in other countries.The ancient Chinese song retrial system of the Song Dynasty is worth our reference,and the form of its retrial is more worthy of our continuous learning in the judicial reform.This paper expounds the four parts,the first part describes the historical evolution of the criminal review system,this part focuses on the most typical complaint review system and history review system are described in the declaration of ancient Chinese criminal review,show its origin to the development by the mature process,at the same time as the third part describes the criminal review system pave the way for the song dynasty.The second part mainly introduces the social environment of justice in the Song Dynasty and main contents of the criminal review system in Song Dynasty,this part mainly describes the Song Dynasty four major criminal review system,namely step by step in criminal cases and criminal cases filing review system trial appeal system,over different prospecting system and cutting system don't play,this part mainly introduces four kinds of system,and through the case describes the implementation process of the four review system.The third part is the advantages and disadvantages of the criminal retrial system in the Song Dynasty.This part mainly describes the merits of the value of the criminal review system in Song Dynasty,that is,ensuring the substantive justice and procedural justice of the case,reflecting the judiciary thought of careful punishment and prison,and designing the program carefully.At the same time,it describes the disadvantages of the low efficiency of handling cases and the strong color of the people in the process of implementation.The fourth part is the referential significance of the criminal review system to the present society.This part is the innovation section,this article mainly from the prevention and correction system,improve the unjust case case to enhance the level of legal workers,to solve the problems existing in the construction of rule of law,the judicial idea of based on the criminal appeal review system of Song Dynasty narrative,with the rule of law in China's socialist construction,expounds the significance of the Song Dynasty from the criminal review system of in today's society.