Study On The System Of JUYANFENSI In Song Dynasty

Judicial system has been relatively completed in Song dynasty after the development of several dynasties.The system of JU YAN FEN SI,which is one of the representative systems in the judicial system of Song Dynasty,has obvious characteristics and plays an important role in the history of Chinese legal system which was entangled with trial and judgment for a long time.Now the jurists have made in-depth studies on the judicial system of Song Dynasty,but seldom on the system of JU YAN FEN SI,therefore,it has to be futher studied.JU YAN FEN SI is an important judicial system,which is about content and performance in the court in Liang Song(Bei Song Dynasty and Nan Song Dynasty).It wields judicial power and adjudicatory power on case respectively.Ju SI is in charge of the interrogation and hearing of case to ascertain criminal facts.And the Yan SI is responsible for retrieving the applicable law to achieve punishment fitting crime.Both Si are not interference in each other and realize separation ofpowers and check and balance in order to prevent abusing judicial power.The system has two levels of understanding:the broad sense and the narrow sense,in a broad sense,it refers to a general principle which embodies the idea of separation of powers of trial and judgment in the judicial trial of the song dynasty,through the division of labor within the administrative power system to achieve the separation of powers and checks and balances,the narrow sense of the Ju Yan Fen SI system is specifically refers to Sili Canjun and judicial army based mutual separation of powers balance formed under the state judicial system.This system achieved good implementation and development and fitted the requirements of signing legal crime at that time,which greatly reflected concept of careful justice and spare punishment and effectively promoted judicial officials,professional accomplishment and specialization.By separation of powers,it effectively weakened the local judicial power and reinforced the centralization of state power and reduced the risk of wrongs,which played an important role in preventing official cheatings.This system made Song dynasty's judicial system relatively clear and bright.State judicial system represented by this created the highest point of the local legal system in ancient China.Despite its scientific operation,but it didn't conform to the needs of authoritarian rule and with the local single official system restored,the feudal rulers abandoned it later.In this articl,writer tries to study the system of JU YAN FEN SI in order to deepen understanding the concept,operation and function of that system,so as to provide a theoretical reference to learn the essence of the concept and discard its feudal ills and achieve the purpose of making the past serve the present in the current situation.This thesis has three parts.The first part is about the concept and the main content of the system of JU YAN FEN SI,while the second part is about the operational procedures,which is also the core of the thesis,this part mainly shows the functions and procedures of JU SI&YAN SI,the running imbalance and security mechanism of JU YAN FEN SI,as well as other five aspects that have close contact with the system of JU YAN FEN SI.Then get analysis and summary on the basis of the interpretation The third part is about the effects of the system of JU YAN FEN SI,including both positive and negative aspects.