A Study On The System Of Surrender In The Song Dynasty

China’s surrender system has a profound historical background and inheritance background.Since the Western Zhou Dynasty,there has been a historical record of surrender,and its legal spirit continues to burst into new vitality.The voluntary surrender system sprouted in the Western Zhou Dynasty and was initially established in the Qin Dynasty.It reached its peak from the Han and Wei Dynasties to the Sui and Tang Dynasties.The Song Dynasty supplemented and improved it according to its own socioeconomic and cultural development.The voluntary surrender system has the function of disintegrating and summoning criminals,but also can save judicial costs and improve judicial efficiency,and has a special role in stabilizing social order and consolidating the rule.This paper is divided into six parts.The first chapter mainly discusses the concept and system evolution of voluntary surrender.Starting with the ancient and modern concept of voluntary surrender,it briefly discusses the development and evolution of the voluntary surrender system,focusing on the relevant provisions in the Tang Law Review.It is known that the Tang Dynasty played an important role in the development of the voluntary surrender system.The second chapter mainly discusses the basic provisions of the voluntary surrender system.First of all,starting with the types of voluntary surrender in the Song Dynasty,it clarifies the concept and generic relationship between different types of voluntary surrender in the Song Dynasty,and then briefly discusses the legal liability provisions after voluntary surrender.From the basic provisions of the voluntary surrender system in the Song Dynasty,we can see that the Song governments used the way of voluntary surrender to encourage criminals to voluntarily surrender,disintegrate criminals ideologically,divide criminal groups organizationally,and clarify the original sin provisions of the official duty crime of voluntary surrender from the judicial and administrative aspects to ease the internal contradictions of the ruling class.The third chapter is about some provisions of the surrender system in the judicial practice of the Song Dynasty.It makes an in-depth analysis of the determination of the surrender system from the aspects of the types of crimes that are not allowed to surrender,the circumstances of surrender,and the determination of the surrender system with the characteristics of the Song Dynasty,recognizing that the determination process of the surrender in the Song Dynasty is more complicated than that in the Tang Dynasty.In the fourth chapter,the flexible operation of the voluntary surrender system in the judicial practice and the complexity of the factors affecting sentencing in the Song Dynasty are demonstrated through the way of case statement,mainly the illegal cases of the official groups,to further understand the progress and limitations of the judiciary in the Song Dynasty.The fifth chapter is not only the key and difficult point of this paper,but also the core.This part focuses on the major changes in the development of the surrender system from the Song Dynasty to the Song Dynasty and the evolution of more than 300 years between the two Song Dynasties.The extensive application of the limited surrender system and the modification of the system of voluntary surrender by questioning are the most intuitive manifestation of the lenient punishment in the surrender system in the Song Dynasty,and also the product of the integration of legal utilitarianism and justice in the spear shield.The sixth chapter is the end of this article,which comments on the surrender system of the Song Dynasty,and believes that the surrender system severely punishes malignant crimes,pursues the maximization of judicial benefits,and also implements the ruling ideology of the ruler’s leniency for punishment and careful killing,and the principle of virtue and punishment.However,to some extent,it has also caused some criminals to turn themselves in and evade the penalty,which is still hierarchy,and has damaged the fairness of the law.The surrender system in the Song Dynasty is not a simple inheritance of the Tang law,but a reflection of the social and economic development and class relations changes in the legal field in the Song Dynasty.It has a profound impact on the continuation of the Chinese legal civilization.