An Analysis Of The Design Concept Of The Different Systems In The Song Dynasty

The FanYiBieKan System is a statutory procedure followed in the process of criminal trial in Song Dynasty.That is,the judiciary encounters the legal circumstance of "deviation" when pushing the prisoners' cases,including prisoners overturning confessions during interrogation or legal interrogation in the event of any of the above situations,the case should be ‘BieKan' and retrial should be re-examined by him.The judicial organs under the jurisdiction of the original trial shall have the right to be sentenced to arbitration according to legal procedures statutory obligations for the transfer of cases to other jurisdictions for reconsideration.Divided into the original trial organs‘YiSiBieTui'and higher authorities‘ChaGuanBieKan'in two forms.The unique feature of this system is that it gives prisoners the right to choose other officials or their divisions to reexamine cases in criminal procedure based on the principle of deviation from the scope of investigation,officials' misjudgment and miscarriage of justice result in miscarriage of justice and play a role in decentralizing the judiciary and form a situation where the judiciary can decentralize and decentralize so as to improve the trial quality of cases so as to maximize the realization of fairness in social life in favor of the ruler's effective rule.The positive and progressive significance of such rules that give the parties the right to choose other officials for adjudication on their own will give some guidance and reference to our current judicial system reform and innovation.The existing research results have discussed the existence and function of the system.They think that the system of dissidence and reconciliation,the judicial review,the court avoidance and the deadline closure all together constitute the most unique judicial system in the Song Dynasty.On this basis,the author absorbs and draws on the existing research results,strives to make it systematized through processing,and through the concrete analysis of the design concept of the system,further reveals that the system has become the customized legal history significance of the Song Dynasty development and change depend on the political and economic foundation,research on the design concept of the Song Dynasty turning a blind eye on the system of survey.The so-called concept refers to the design of the system established by the dominant ideology.This article is divided into three parts in the framework of the structure of the Song Dynasty trial system in the study of the design concept of differentiation.The first part begins with an overview of the system of disregard of reconnaissance,reveals the origin and historical evolution of the system of disregard of reconnaissance and survey,and an overview of the system.The second part analyzes the design concept of disregard of reconciliation system in the Song Dynasty and uses the relevant cases to prove,from three levels to conduct a detailed analysis,respectively,reflecting the concept of cautious prison in jail,the pursuit of social justice and fairness of the evidence system;the third part of the objective evaluation,analyzing the influence of turning a different eye on the future generations and providing reference to the current judicial reform from the legal history.In the Song Dynasty,by preventing the abuse of the investigative power by correcting the setting of other works,it timely corrected the injustice caused during the trial and played a certain positive role in stabilizing the social order and safeguarding the judicial impartiality.This is in line with the current balance of powers.Therefore,the reasonable factors have an important reference value for perfecting today's trial reform.At the same time,however,it should also be noted that due to the cumbersome and harsh demands of the rulers on trial procedures,the negative phenomena such as the subjugation of cases and the inefficiency of trials can easily be caused during trials,and how to ensure the correctness of the efficiency while guaranteeing procedural fairness in the current context of judicial reform is also worth serious reflection.