An Analysis Of "Qing Shu" In Song Dynasty Legal System Refer To The Chinese Storytelling Script Novel

The subject of the Storytelling Script Novel of Song Dynasty is broad,abundant and informative,most of them are based on the daily life of the citizens or the anecdotes of the public official,they can reflect the real situation of the people in Song Dynasty in a certain extent,and reflect the objective law of the state of legal operation.The Storytelling Script Novel grow up in the legal environment of the Song Dynasty,so it can provided a good window for us to study the Song Dynasty legal system.As for the legal environment of Song Dynasty,the legal achievements was brilliant.The rulers attached great importance to the construction of the legal system,legislation was frequent,it has constructed a fine national legal network.But the strange is that some officials do not abide by a law.The situation of extrajudicial punishment is rampant.One big reason for this phenomenon is that officials are not constrained by law.Even if there are detailed legal provisions,not to be abided by the judiciary is also scrap,let alone the misinterpretation of the law and arbitrary torture cause more severe harm.It is this situation intensified,resulting in the resistance of the people,and there is a runaway momentum.Some enlightened monarchs and knowledgeable bureaucrats began to advocate the "QingShu",hoping to regulate and restrain the arbitrary torture of some officials with the idea of the "QingShu".From the public's desire for justice and the degree of dependence of honest and upright officials,it is not difficult to see the necessity of "Qingshu" to satisfy people's need for justice,to standardize and protect the reasonable usage of judicial officers,and to guarantee the normal operation of the legal system in the Song Dynasty."QingShu" is the China's ancients important ideals to get along with people even more to administer a country.It can be traced back to the "ZhongShu" of the Confucian sage.The "QingShu" has become more popular than ever in the Song Dynasty.The rulers emphasize "QingShu" to maintain order in the top-level design.Officials hope to make it in the case.People want it When they get involved in a case.When we talk about "QingShu",it is a means to seek "Shu" in order to make things fair and reasonable,and to observe "Qing" in order to "Shu".The idea of "QingShu" is not only in the judicial activities,but in the law of the Song Dynasty,there is a factor of "QingShu".Law is not more than "Ren Qing" is the most basic requirement of "QingShu" to the legal system.We need to analyze it from the four levels from the constitution system of "QingShu",they are respectively "Qing","Li","law","Shu".The "RenQing" must be consistent with the people's wishes to satisfy the people's expectations.And the "Li" is the judgment of the subject,So you can get the "Li" by the "Qing".It is only through observing the "Qing" that the "Li" is public opinion,fair and just,also persuasive.In face of the "Qing" floating in the surface of the case,how to make accurate judgment to excavate the "Li" behind it.It is not only a test about the trial level of the officials in the song dynasty,but also a challenge to the judges in the trial in contemporary socialist society under the rule of law.It is also an inevitable requirement for the people to feel the fairness and justice in the judiciary.The place where "Qing" and "Li" should be settled must be "law",which is supported by the public sentiment.So the "law" is public and not private.It depends on the implementation of the national organ of violence.This allows justice to be realized.The so-called "observing Qing"and "analyzing Li"and "strict Law",the three circles are all in order to achieve the "Shu"."Shu" is the ultimate goal of "Qing,Li and Law".It is Fu Heren's way to Confucians and gentlemen.It will be consistent with the requirements of benevolence and attained to the sage' s way.