Research On Official Malfeasance In Song Dynasty

"The defeat of the country is due to the evil officials" originates in "Master Zuo's Spring and Autumn Annals".Officials at all levels are conscientious,honest and upright,while officials are clean,stable and prosperous.Therefore,the rulers of all dynasties in China attach great importance to the evaluation and selection of officials at all levels in order to achieve political clarity and reduce the harm of official malfeasance.The Song Dynasty is no exception,and its legislation on official malfeasance is quite perfect.Based on the Song Dynasty Criminal Code and other historical materials,in this paper,crime of malfeasance is classified into three categories: administrative,judicial and military.Among them,malfeasance in the administrative field mainly includes abuse of power and dereliction of duty;malfeasance in the judicial field runs through the whole process of judicial activities,including arrest,acceptance,interrogation,judgment,execution and imprisonment;malfeasance in the military field includes unauthorized dispatch of troops and issuance of military symbols,lack of military prosperity and conscription checks,masters.In Song Dynasty not only adapted to the realistic needs of the society at that time,consolidated Zhao's imperial power,but also strengthened the rule of officials to achieve political clarity and social stability.However,while reinforcing the rule of officials,officials are allowed to enjoy privileges,such as Eight Opinions,Official Duty,etc.The emperor's power to seize life and death and the imperial pen's conviction are liable to create problems such as lawlessness and fictitious law.The above content is the limitation of the legislation of the crime of malfeasance in Song Dynasty.Taking its essence to study the crime of malfeasance of officials is not only beneficial to deepening the study of the legal system in Song Dynasty,but also has important reference value for solving the problems of the subject,subjective aspects and the imperfect types of the crime of malfeasance in China's current criminal law.Thus,it improves deficiencies of the legislation of the crime of malfeasance in our current criminal law,and at the same time guides the judicial practice.