The Song Dynasty Crime Prevention Mechanism Research

Fairness and justice is the highest value pursued by judicial trial.However,the subjective reasons of judicial officials,the false accusation of the parties,and the defects of criminal investigation procedure and criminal trial system may lead to the injustice.The occurrence of wrongful and false cases not only caused great damage to the parties,but also caused damage to the social order and even the social unrest.Therefore,the prevention and correction of miscarriages of justice has long been the focus of the past dynasties.In order to prevent the occurrence of wrongful and false cases,and to safeguard judicial justice,the Song Dynasty set up a series of miscase prevention mechanisms.Such as Ju Yan Fen SI system,Fan Yi BIE Kan system,petition system,recording system,and provides a series of judicial officials,the illegal torture misjudged responsibility;sentenced separation through trial,during and after the supervision of combining anti wrong idea and system,effectively reduce the occurrence of miscarriages of justice.Despite the lawsuit such as drowning and other shortcomings,the Song Dynasty by restriction of criminal jurisdiction to prevent abuse of the right of criminal trial and implementation mechanism of the judicial justice,and today's society pays attention to the modern concept of balance of power allocation of power has very high concurrence,the reasonable elements are still worthy of reference.