Study On Civil Prosecution System In Song Dynasty

The "prosecution" in civil litigation refers to the fact that the parties whose rights have been infringed or their relatives have brought their disputes to the judicial organs in accordance with certain procedures,which is the beginning of the civil procedure.In ancient China,although there were no special procedural codes in the form of "communication and punishment," there was no special procedural code,but it was not like modern civil procedural law,but it existed in other laws and in specific judicial practice.The traces can also be found in it,as is the civil prosecution system included in it.The civil prosecution system serves as the starting point for civil proceedings and the starting point for resolving civil disputes.It plays a decisive role in whether civil disputes can be resolved through the state's public power.However,in ancient Chinese society,the prevalence of litigation,shameful litigation,and the influence of traditional culture,especially on the agricultural-based production methods,all infiltrated the civil disputes in the natural economy.The value orientation of the lawsuit.Therefore,in the traditional Chinese society,the state has formulated a series of related systems to strictly stipulate the relevant civil prosecution system,which reflects the state's intervention and compulsory intervention in the civil prosecution system,which is in stark contrast to the ancient Chinese criminal prosecution system.The civil prosecution system in ancient China sprouted in the pre-Qin period,developed in the Tang and Song Dynasties,perfected in the Ming and Qing Dynasties,especially the Song Dynasty prosecution system,due to its special historical environment: the development of the commodity economy in the Song Dynasty,the rulers to the folks The importance of "details" and the expansion of the scope of civil subjects have made civil disputes more frequent and complicated.This has determined that the traditional civil civil disputes can not be resolved,can not adapt to the increasing number of civil disputes,and have to "small" Such disputes have been resolved by filing a lawsuit with the judicial authorities through civil prosecution,which plays an important role in the development and improvement of the civil prosecution system in the Song Dynasty,and has formed a relatively developed and complete civil prosecution system.This article focuses on the civil prosecution system of the Song Dynasty,comprehensively applies historical analysis method,comparative analysis method,empirical analysis method and other research methods,elaborates the civil prosecution system of the Song Dynasty from the overview and content of the civil prosecution in the Song Dynasty,and analyzes the civil prosecution in the Song Dynasty.The value orientation of civil litigation hidden behind the system is an in-depth analysis of the historical reasons and specific operational effects of the civil prosecution system in the Song Dynasty,and shows the specific form of civil prosecution in the Song Dynasty from the perspective of legal history.