The Driving Reason And Efficacy Of "JuYanFenSi" System In Song Dynasty

The Song Dynasty was a dynasty with a booming social economy,politics and culture.The legislative and judicial systems were rich in variety,diverse in form,and meticulous.“JuYanFenSi”System is a unique judicial trial system that emerged in this era.This paper's research on “JuYanFenSi” System is helpful to further enrich the research results of the political system history of the Song Dynasty and the history of Chinese legal system,it is also expected to benefit the ongoing trial-centered reform of the judicial system.In the “JuYanFenSi” System,the “Ju” division was in charge of case hearing and find out the truth of the crime,and the “Yan” division was responsible for finding the law and advice for conviction,in order to prevent the abuse of authority in judicial trials and guarantee justice.The first chapter of this article mainly introduces the meaning of the topic and the current situation of research,with making a brief review of the research of seniors,also discusses research methods and innovations.The second chapter discusses the macro historical background that generated “JuYanFenSi” System,including the historical background during the Five Dynasties and the Tang Dynasty and the political system background of the Song Dynasty,in addition,disserts the influence of the historical background on the formation of the ruler's governance concept.The third chapter expounds the evolution of the “SifaCanjun” system through the judicial system during the Five Dynastie and Tang Dynastie.And it discusses restriction between civilian and military officials in the official system design of the Song Dynasty,through the evolution of the civil servant and military official system in the official system design of the Song Dynasty.The third chapter discuss the concept of governance in the Song Dynasty and its institutional requirements,restriction between civilian and military officials in the official system design of the Song Dynasty,and restriction between civilian and military officials embodied in“JuYanFenSi” System,to analyze the motivation for the formation of “JuYanFenSi” System.This chapter puts forward a view which restriction between civilian and military officials is the driving reason of “JuYanFenSi” System,through discussing the formation of the “Ju” division and the “Yan” division from the evolution of the system of administrative agencies and officials.Besides,it discusses various policy measures which the rulers of the Song Dynasty Formulated to ensure the operation of “JuYanFenSi” System.The fourth chapter discusses the content and goals of “JuYanFenSi” System,as well as the specific operation of “JuYanFenSi” System in the Northern Song Dynasty and the Southern Song Dynasty.The fifth chapter discusses inheritance of the system after the Song Dynasty,in addition to the evaluation on “JuYanFenSi” System.Finally,it is concluded that restriction between civilian and military officials is the agent of the formation of “JuYanFenSi” System in the Song Dynasty.“JuYanFenSi” System reflects the idea of checks and balances,but it is just “distribution” of judicial power in fact,which embodies a political change in the measure of restriction between civilian and military officials.Its ultimate goal is to serve the autocratic monarchy.