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Imperial Edict Prison In Northern Song Dynasty

Posted on:2018-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y T ChenFull Text:PDF
GTID:2346330518950348Subject:Legal history
Abstract/Summary:PDF Full Text Request
As one of the representatives of the feudal legal system in the world,the Chinese legal system pioneered many distinctive judicial systems.Western Han Dynasty,"imperial edict prison" the first time,then used for later generations.During the Northern Song Dynasty,the rulers learned from the experience of the former dynasty and summed up the teachings of the former dynasty,developed the state of jail and made it the tool of the highest ruler to maintain their own rule.This article takes the jaw as the object of study,with its case procedure as a clue,combs the state and the corresponding system design of the establishment,trial and supervision of the state,and on the basis of this,the author explores the characteristics of the imperial prison system in the Northern Song Dynasty Role,with a view to a comprehensive and objective evaluation of the Northern Song Dynasty imperial edict prison.The article consists of three parts: the introduction and the conclusion.The first part is an analysis of the case,found in the Northern Song Dynasty period of the prison case more with the expression of "under the censor real","under the imperial prefectures ","under the Royal prison"," "under ShangShu",on the basis of the collection of historical data,summed up the reasons for the formation of the case mainly due to informants,because of anger the emperor,because the courtiers framed three.This section focuses on the description of specific cases,as much as possible to restore all the specific cases.The second part of the Northern Song Dynasty jaw prison trial and supervision of the analysis and found that the establishment of the trial prison organization,in the Song Dynasty was called "Zhi yu","Zhi yuan","Zhi si." Compared with the ordinary case,the trial of the imperial edict prison has the characteristics of independent trial,"influence case" mixed rule,the difference between the characteristics of the record.The judge process is divided into two parts: "to be sentenced" and "final decision",and there is no obvious sequence.In order to supervise the trial activities of the imperial prison,the Northern Song Dynasty set up a picket in the Capital city`s Criminal Division,the trial court,the emperor can also personally through prisoners to monitor the way.The third part compares the imperial edict prison of Western Han Dynasty,Northern Song Dynasty and Ming Dynasty,and concludes that the Northern Song Dynasty imperial edict prison has the temporary setting of the trial organization.The interrogation process is still humane and the sentencing is relatively forgiveness.By analyzing these three characteristics,Prison to make an evaluation,the positive role of which are: Zhaowang highlight the Northern Song Dynasty legal system,and strengthen the imperial power,to a certain extent,reduce the occurrence of the wrong case;its negative role is as follows: hit the wind at that time,resulting in a part Injustice.In the fourth part of the conclusion,the author put forward the characteristics of the Northern Song Dynasty`s imperial edict prison is the response to the actual situation of the Northern Song Dynasty,shoulder the mission of maintaining the imperial power,which is the inherent defects of the feudal period system.In addition,the author also summarizes the historical status of the imperial edict prison in the Northern Song Dynasty,and deeply explores its progressive significance.It points out that the system construction and spiritual core of the imperial order in the Northern Song Dynasty have exceeded the restriction of the times.
Keywords/Search Tags:The Northern Song Dynasty, Imperial edict prison, justice, Co-trial, Collective discussion
PDF Full Text Request
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