Research On System Of Criminal Misjudged Cases Correction In Song Dynasty

After the law has been identified to the people's rights and freedom,it also inevitably produced misjudged cases.In order to make up for this deficiency,misjudged cases correction system came into being.The Song Dynasty inherited the former law and itestablished the establishment of a more perfect system of criminal error correction.The rulers of the Song dynasty gave the prisoners the right to review due to full appeals and the establishment of a multi-level review body as the basis for the exercise of rights.The Song Dynasty has a unique system to build and correct the practice of misjudged cases.Ithas theoretical and practical significance to solve the problems in contemporary judicial activities.The thesis draws four parts from the historical background of the Song Dynasty,the corrective mechanism of the wrong case,the basic structure of the system and the system thinking.The first part introduces the historical background of the correct system of criminal error rectification in Song Dynasty.Song Dynasty was set up from the chaos of the Wudai-Shiguo Period to seize the post-Zhou regime,the world is still a fragmented,a turbulent situation,has never been out of the alien forces invasion.The ruling of the emperor of the Song Dynasty,the implementation of the harsh criminal law,the rulers gradually control the judicial power,and in the relaxation of class contradictions in the exploration by the central judiciary in accordance with the emperor will review.There are many drawbacks in the process of judicial process,the number of cases of wrong cases increased;the case of the wrong case gradually increased the pressure of the review of the central judiciary,the right to review part of the review,in this environment gradually formed the Song Dynasty criminal error correction system.The second part describes the judicial institutions of the Song Dynasty criminal error correction system.The Song Dynasty judiciary is divided into two levels of central and local.The central judiciary,including Dali Temple,Penalty Department,the Court of Appeal,the Royal Park,by their responsible for the case of the case,the death penalty cases,major difficult cases review.The local judiciary is indispensable in the formal system of wrongdoing,mainly to supervise the lower level judicial organs,to hear the case and to bring the court to the difficult case.Whether the local judiciary after the case handed over to the central authorities to review or review the case by the central authorities directly by the emperor involved,all the emperor in the wrong case to correct the control of absolute rights.The third part discusses the basic framework of the correct system of criminal error in Song Dynasty.In order to start the review of the main body as the standard,divided by the parties caused by the wrong case and the judiciary in accordance with the law to start the wrong case to correct.Song rulers of the provisions of the "turn the other survey"system,the prisoners in the case before the verdict "transgender" must be organized to judge the judge,to correct the case of the error.After the verdict of the prisoners can still appeal to the higher authorities to cause a review,and even provides a direct appeal to the emperor.When the prisoner did not appeal,the judiciary should also be based on the law to the case to the higher authorities to re-trial.Which includes the provisions of the jurisdiction of the declaration,difficult cases of the death penalty case of a review,replies.The fourth part discusses the thinking of the correct system of criminal error in Song Dynasty.Through the study of the correct system of criminal error in the Song Dynasty,the author summarizes the characteristics and institutional revelation of the corrective system.The emperor of the Song Dynasty controlled the judicial power through the central judicial organs and reflected the emperor's will in the process of rectifying the wrong cases.The torture system has become a tool for the emperor to maintain its own rule,and it is not very stable.In addition,in order to control the criminal case to correct the system of judicial power,the case on the court to extend the practice of the court to extend the duration of the case,resulting in a long case pending trial,prison overcrowding consequences.This phenomenon also allows the judicial authority to be affected.