The Song Dynasty Cautious Punishment Theory Based On All Previous Dynasties Advocate Memorials

Memorial,is the text book people present to the monarch about their opinions on varies events involves politics,military,culture,law,ideology,etc.As a historical material that reflects historical opinions,"History of the famous minister" has an important historical value from which we can not only have the views of the people at that time,but also sum up the trend of thought and context."History of the famous minister of the Song Dynasty" accounting for 70% of the collection,is the essence of the book.At present,the most clear version of the collection is the edition of the Shanghai Ancient Books Publishing House published in 1989.The author carried out the contents of the "Law" and "Caution" and "Forgiveness".In order to study the legal thoughts of a dynasty in a more thorough way,I will be focusing on the history and system of the Song Dynasty and exploring the legal thoughts embodied in the memorials,the background,the cause,and the impact.The thought of cautiousness is the mainstream legal thought in ancient China.It holds that the criminal law is only necessary when it has to be.It is the tool of education rather than punishment.The meaning of punishment is to assist the implementation of "Ceremony".Punishment shall be fair and equitable,sincere and conscientious,often with compassion.The primary purpose of punishment is for justice,the ultimate goal is to never have to execute it.At the beginning of the book's "Ordinance" part,the first sentence is "feel compassion when executing punishment",The cautious thought are highlighted through the 11 th volume of the book.This article will organize "History of the famous minister of the Song Dynasty" from the same aspect,and analyze the purpose of criminal law and its value,discover the system and key points when executing punishment,study the reasons for the change of the system of punishment,and the system of guaranteeing the official use of punishment by the officials in the Song Dynasty to prevent their bribery.The creation of the law is the beginning of the implementation of the law,which involves the basis of the existence of "punishment",which involves the value of punishment,the purpose of punishment and so on.In the ancient Chinese society,the judicial thought embodied in the judicial administration is related to the whole country and the system design.The most fundamental value of the ancient Chinese system of punishment is to protect the people,love the people,people-oriented,education first,love the people like one's own son,can not punish before teach.Design and evaluation of a system consider it very important whether it loves the people or not.Because of people-oriented,the ancient tradition does not pursue punishment,the purpose of punishment is to guarantee order.Governor and government comply with the people to last longer,so the punishment should follow the truth,conform people's basic moral concept.Creation of punishment and execution of punishment should also follow the truth,balance the law and reason.At the same time,the law can not be too complicated or too tight,otherwise people will be helpless.However,the stability and dignity of the law should also be considered,otherwise the law will be unimplementable,people unstable,the state chaos.It is necessary to have a certain system as a guarantee,the implementation of the law,the prison officials of the governance is particularly important,otherwise the system structure was no matter how good,only the air castles,all the officials are all on paper.In ancient China,the strategy of the division of government was used,and it was wider than the rule of the Song Dynasty.For the rule of the Song Dynasty is more to design a series of systems to balance each other,so that officials have both the power to display their power and ambition,and will not lead to the proliferation of power.However,in the historical background of the social changes in the Song Dynasty and the decrease of the land dependence of the people,the changes in the view of the Song Dynasty's ritualism led to a wide range of criminal cases in the Song dynasty.This situation led to a relatively low level of education and poor education Big power.To this end,the Song Dynasty developed a series of systems to limit the discretion of the officials to ensure the fair implementation of the decree.In the Song Dynasty,there was a high degree of development in the Song Dynasty,the rule of law,the free flow of land and the enlightenments of people's idea.At the same time,,Even the years of war tribute,resurrection of corporal punishment,late into the dark side of the statutory punishment,tion and cautious signs imprinted in the history of the Song Dynasty,also in the "memorial service" left a lot of arguments,Therefore,we should have an objective attitude towards the cautious thoughts of the Song Dynasty and the cautious thoughts embodied in the memorials of the famous monks,but criticize the ancients,but explore the legal thoughts,Under the system of punishment,punishment and governance of criminals system and strategy,and to seek its reform of the modern legal system of positive significance.