An Analysis Of The Rights And Duties Of Officials And Scholars In The Song Dynasty

The Tang and Song dynasties were a period of great change in the history of our country,and many of its changes have affected it to this day.From Tang to Song,the term "official household" was given a new connotation: the demise of the Liangzhu system made the term "official",which originally referred to the Dalits,become the name for the official residence.The group of scholars has also undergone major changes: With the establishment of the imperial examination society in the Song Dynasty,more and more children of the people should read and enrich the composition of the group of scholars.In this context,the Song Dynasty officials and scholars have very special characteristics of the times.This article presupposes the definition of the criteria for the identity of officials and scholars in the Song Dynasty.It examines the criminal law,tax privilege and obligations of the officials and scholars of the Song Dynasty in detail,and strives to legalize the image of the officials and scholars in the Song Dynasty.Depiction.The rights of the official in the Song Dynasty are divided into three aspects,namely,the privilege of criminal law,the privilege of taxation,and the right of shade.Its obligations are mainly prohibited obligations,such as restrictions on land rights and restrictions on commercial operations.The rights and obligations of the officials discussed in this article are closely related to the concept of “households”.Therefore,the rights and obligations of the officials themselves are not included in the scope of investigation of the rights and obligations of the officials.The classification of the rights and duties of scholars in the Song Dynasty is similar to that of the official.The rights are divided into the privilege of the criminal law and the privilege of the service law.The obligation is mainly the restriction of commercial operation.Song Cheng's law of the Tang Dynasty also basically extended the legal connotation of Tang Law,so its law also implemented the "ritual" very well.The Song Dynasty society under this premise is a typical identity hierarchy society that complies with ritual law.The official is centered on the official,and it is the bureaucrat.Most of the scholars are "people".The bureaucrats are higher than the "people" in the order of status,and they enjoy more in the status hierarchy.The right to preferential treatment.Therefore,the general principle of the rights and obligations of the officials and scholars in the Song Dynasty is the order of status advocated by Confucianism.This principle hopes that members of society can make their own peace of mind and avoid committing chaos,so they ultimately serve the fundamental principle of maintaining rule.In order to achieve the purpose of domination,the Song Dynasty government also had the double consideration of "snapping the mouse and avoiding the device",which not only occupies the officials and the scholars,but also imposes certain restrictions on them.In the Song Dynasty,the rights and obligations of the officials and the scholars fully reflected the identity elements,and there was certain progress in the Tang Dynasty.The first is that the acquired identity becomes the main criterion for determining the rights and obligations,followed by the recognition of the substantive identity in the Song Dynasty,such as the treatment of “decommissioning people”.In the Song Dynasty,the rights and obligations of the official and the scholars were strictly compared with the order of the status.The scope and stability of the criminal law privilege were superior to the tax privilege.The reason was that the taxation relationship was more sensitive to the national fiscal lifeline of the Song Dynasty.The connection between traditional Chinese law and China's current law cannot be cut.To find the "invariable background" of contemporary Chinese culture,we must consciously review the traditional Chinese jurisprudence and return to the connection between law and the inherent morality of the nation.