Research On Criminal Evidence System In The Song Dynasty

The ancient China evidence system has been in a process of constant progress and the evidence system entered the developed stage in the Song Dynasty. Especially the criminal evidence system has been into the heyday. The Song Dynasty developed for the realization of judicial justice of criminal evidence system which provides positive conditions, to solve the social contradictions.So the disputes has played an important role. This article from the Song Dynasty how to deal with the relationship between objectivity and subjectivity of evidence this Angle as the breakthrough point to study of the criminal evidence system. The article consists of introduction and the body two parts. Introduction part expounds the selection of criminal evidence system research of Song Dynasty, analyzes the theoretical significance and practical significance of this topic.On the basis of the research status at home and abroad, it puts forward the research purpose of this paper, the research focus and research methods.The text has five parts. The first part is a general analysis of subjectivity and objectivity of evidence. Objective evidence refers to the content reflected by the fact that there must be objective. Because the evidence is subjective, the objectivity and subjectivity of the evidence haven't contradiction. The objectivity of evidence should understand on the background of the opposite of the subjectivity. What's more, it's also important to be with the evidence of the unity of subjective sense. From two aspects, they are both opposite and unified to and compromise and understanding at the same time, we can know the real evidence of the nature and the function of the evidence. The second part is the evolution of the system of evidence before the Song Dynasty, mainly introduced the evidence system of the pre-Qin period of germination, Qin and Han dynasties system of criminal evidence shown by the relationship between the objectivity and subjectivity, objectivity and subjectivity of criminal evidence system in the Tang Dynasty, the development trend of integrated main purpose is to tease out a as the change of the times and the historical evolution, subjectivity and objectivity tends to rationalize the development of criminal evidence system. The third part is the specific expression of criminal evidence system of Song Dynasty. The criminal evidence in the Song Dynasty by the judiciary to judicial practice experience summary, legal and judicial wisdom technology constantly enrich and development.Song Dynasty in criminal evidence identification and adoption of the key link, evidence of subjectivity and objectivity organically, fully understand evidence.To improve the identification, innovation and development of new evidence system, which makes the objectivity of the criminal evidence in Song Dynasty was obviously strengthened. First, the role of evidence in the conviction and sentencing continue1to1 improve,1 "confession1first" 1concept1was1gradually1broken;Second,1conviction on the basis of the testimony of the people;Third, it is more careful examining the evidence;Fourth,it has the more advanced technology.This kind of criminal evidence system plays an important role in the correct judgment of cases in a timely and effective and stable social order. The fourth part mainly analyses the condition of the establishment of the criminal evidence system in Song Dynasty. Through the study of the political, economic and cultural development of the Song Dynasty, it was found that the relationship between them and the establishment of the criminal evidence system in Song Dynasty. In addition, the importance of evidence and objective understanding of the continuous deepening of the legal practice and experience of the Song Dynasty is also an important condition for the establishment of the criminal evidence system. The fifth part mainly expounds the value of the criminal evidence system in Song Dynasty from two aspects of the practical effect of the time and the enlightenment to the later generations. The criminal evidence system in Song Dynasty promoted the realization of judicial justice, which played a very important role in solving the social contradiction. For us, the judiciary must deal with the relationship between the subjectivity and objectivity of evidence.Judicial investigators play a subjective initiative to strengthen the objectivity of the evidence.On the basis of correct judgment according to law,we should prevent the occurrence of miscarriages of Justice.