On Liu Song s thoughts of criminal law

 

                                 Abstract

Liu Song is a eminent legal theorist and legal practitioners. He advocates the law, promoting the rule of law, as early as one thousand seven hundred years ago, he distinguishes between the legislative and judicial power, the law may not be the conviction and sentencing, judicial officials should strictly in accordance with the law, to the death, to safeguard the authority of law, advocated the doctrine of severe punishment, corporal punishment advocated revival. Liu Song of the first system describes the relationship between crime and punishment principle of feudal. Study on the ideology of criminal law, to its dross, select the essence, to our legal construction, have positive significance.

Key words: Liu Song's legal history of legal thoughtThe relationship between crime and punishment corporal punishment

Born in the Qin and Han Dynasties law, to the southern and Northern Dynasties has achieved great development, the famous theory of many, one after another, showing a flourishing, thriving scene. Liu Song (AD? -- about 300 years), the word sub ya, Guangling (now Jiangsu Yangzhou) people, for nearly forty years in the Jin Dynasty, former residence of Miko Ro, puisne, Tingwei, three Shangshu, libushangshu, and serving prison term, presided over the central judicial administration work, not only "in the official neat, very achievements" ", when people praise than Zhang Shizhi",1But "on the drain on laws of beauty, too",2He is not only a famous legal experts, legal theorists, alongside Zhang Fei, Du Yu, legal practitioners are also influential the. This article according to the "book of Jin Liu Songchuan" and "Jin Shu. Criminal annals" records, the legal thought of Liu Song as a shallow exposition, for advice.

A thought criminal legislation, Liu Song

1, advocate legal, advocated "ruling the country by law".

The mid western Han Dynasty established the feudal orthodox legal theory to the patriarchal Confucian ethics level idea as the core, emphasizing the combination of etiquette and law, supplementing. From the Han Dynasty to the Wei Jin Southern and Northern Dynasties, the Confucian legal world outlook De influence the total trend is gradually strengthening. However, during the Eastern Han Dynasty, the war continued, social moral turpitude, law "law Fanguang, than many", "said number Yi fan, to become difficult"1Judicial corruption, dark, in this case, the legalist thought be Renaissance, Liu Song is a famous legal experts advocate the rule of law.

Liu Songyun: "the procedure to the system, not for punishment. Summer, yin and Zhou, like Wei calligraphy. The three generation of Jun Qi Sheng, and salty abandoned song when Miao Jian, Ren Zhengwen direct, non ST have different, the difference. This theory is not honest, middle, and hold the light to optimum conditions of security, self support in the procedure to the system. I think listening to his words is beautiful, is contrary to reason."2Here, Liu Song from the ancient theory today, pushing the "rule of law" to "straight", and the law enforcement officials under the pretext of "optimum conditions of security, self support in the procedure to the system of" practice criticism. On the basis of this, Liu Song put forward the "should be" limited to laws, contribution "in", "the letter to the world, people do not listen or not rape, officials, can say politics", "Mrs. the monarch and the world total, law."3At this point, Liu Song, advocating the spirit of the law, "the spirit of law" has been fully embodied: the law is the world keep the behavior standards, even if it is expensive for the prince, also "to the law in".

2, the legislative focus on emperor is a.

In the feudal autocratic system, imperial authority supreme emperor, the overall national power, set the highest legislative power, administrative power and judicial power in a body, the legal thought of Liu Song also failed to outside. Liu Song said: "master gage Scott with duty group, Minister Beadle follows its Bureau, was one"1That is, the laws of officials and people's behavior, the bureaucrats and play their respective roles, duties.

3, legislation should be in line with the actual situation of the society, and with the development of the human society and the corresponding adjustment.

Liu Song to Shu emperor Hui said: "in good to see people, teach. See people teach, preparation method is. Again, at any time should be, when the service is."2Here, Liu Song clearly pointed out, legislation should be the actual needs on the basis of society, from the reality, and not follow the beaten track, rigid, but should adapt to the changes in social development situation of development and change. In this regard, he made a further explanation: "the beginning of the beginning, solid has been looking at any time. Today if the managed to not when, should change."3

4, the law is a common code of conduct, legislation is not possible "".

Liu Song in "Jin Shu. Criminal annals" in the words: "husband method, solid as physical method." However, "the punishment book writing, essay must be good to love to break." "Though the law should in exhaustive affair, absolutely reasonable for the ideal, however, the law is in the text as the carrier, it is not possible to do absolutely reasonable without ambiguity. Here, Liu Song the fact that legislation is an art of regret such a reason.

Since the legislation may not be the pink of perfection, so, legislators should be how to deal with this problem? Liu Song gave his answer, that is "good government program for network sparse, gang for wide network of people, sparsely small will drain." "Not enough to get micro politics, for the micro benefit of chaos; outline not vibration, is despotic Cross shop, then people dereliction of duty....... If not harm politics, both Skynet the leakage; made in Thai, then Wang Zhu will add this crime, superficial and deep big cases are." Liu Song pointed out that, since the legislation could not "do good", then, the legislation should consider order of priority, priority rules affect the rule, the ruling class situation is related to the immediate interests of the major, urgent matters, and should not be divided to pursue the perfect legislation, perfecting the excessive pursuit of legislation will lead to government confusion. In this regard, he also made a further explanation of "master detail, its political shortage; one main stage, its truth." "Detailed bandit he, do good will spell, so the government shortage also. When the severity of the period, although tired feeling, Gou into the paper, is based around, so the principle."1

Liu Song proposed legislation cannot "do good", "best method after injury" this problem, not only their own countermeasure is put forward from the legislative level, for how to implement the "deficiency" of the law in the judicial process, also expounded the ideas of his own, I will be in the narrative.

Two, Liu Song's justice thought

1, a clear distinction between the boundaries of legislative and judicial.

Liu Song clearly pointed out, "look at the people," teach "at any time should be" belongs to lawmakers to account, "Qun Li is in business, said Fu at any time should be near the people, to teach, to political chaos code is!" "Law-abiding official, only when in use law. As for the law, see different, but for the opposition, this method Langling Cao history, meaning there are different for the barge, only to interpretation of law, with the broken, not aid for the outside, on the appropriate time, to keep the justice bureau."1The judicial officials only the strict implementation of the "business", not "procedure to the system", otherwise, is the emperor legislative rights violations.

2, strict justice, maintain the absolute authority of the law.

Advocating "rule of law", advocated "ruling the country by law" is the core content of Liu Song's legal thought. To the law governing the country, must maintain the dignity of law and authority. To this, Liu Song points out, "Mrs. king and the world total, law." "Law established the rail is the letter, such as four, the hard as stone." "Has been made universal, can't believe that education, party for the world is not slow, no rope to not believe the law. And the first knowledge words, to foolish not to touch it. Not that usually back off work, people may also be!" Indeed, strict implementation of law only, can attain the people's trust, get up and down the country do respect the status of "rule of law", in order to carry out smoothly.

The above theory to the Liu Song, conscious of law can not be perfect, not "do good", then to "non highest law", in the judicial practice should be how to implement? In this regard, Liu Song were described in detail.

First of all, Liu Song proposed, "today if the managed to not when, should change." Of course, change the subject, that the legislation, is "people", is the emperor. In the legislation does not change, even if the law ", not as" still in strict accordance with the implementation shall be. He said, "when the severity of the period, although tired feeling, Gou in paper, then follow it." "Good usage, can not listen to the broken situation incomparable, weight is not allowed by the heart, in every view, if this is not possible, Fanaide straight."1Liu Song firmly opposed to judicial officials to explain the laws. He said "the punishment book,...... The light from the two end can be cited, is born. Is Faduomen, not an official, is I do not know the ex, does not know the obstacle, if not broken, in the above detection, so the discussion with different things, the prison prison uneven, injury to law."2

Liu Song also points out that, in some cases, even if in strict accordance with the law seems not human, perversely, should also be "through literature", "the letter such as four", "hold to hard as stone", but must not pretend to "procedure to the system", otherwise, that is broken the bad law authority, penny wise and pound foolish. He said "husband out right, of a thing, tired of feeling and listen to, can be the eyes and ears, Cheng temporary when the mind quickly, rather than essay does not allow people. However, for the system, all the year round constant application, a loss of ten. Therefore, the small gains, will lose; nearly has leakage, much will have. Therefore, know the fact body, good right weight, not to small and large, do not hinder far nearly. Can music when close to the large, almost quasi. Don't take to all who hear of the safety, will keep the essay to positive cases. Every face it, this constant royal to decide, the law may also."

3, strictly in accordance with the law, cases of conviction and sentencing

Liu Song advocate legal, emphasizing the legal authority and unity, praised the "rule of law", his legal thinking how to implement in practice? To this, Liu Song put forward a famous judicial principle "and the law conviction, when all the precepts of the law, if no text, dependent patients off, the body, patients are not, are not on the." To some extent, we can say, it is this judicial principle, establishes the Liu Song in China legal history immortal status. China's well-known historian professor He Qinhua think "by Liu Song in the China history the first explicitly put forward the feudal 'crime' principle"1Professor Cai Shuheng, senior legal circles in the demonstration Chinese existed since old times "when the legal principle of crime and punishment", also cited the principle of Liu Song as example 2. The legal principle of crime and punishment as a doctrine or as a legal system, all the achievements in the western modern times, is the crystallization of human progress and symbol of criminal law culture, embodies the modern western bourgeois freedom of individual spirit and as a standard liberty, democracy, human rights, order the pursuit of value, it is China ancient criminal law no, it is impossible for all China ancient criminal law3. Therefore, the author thinks that, compared to the principle advanced by Liu Song called the "principle of legality", a famous legal historian Mr. Zhang Jinfan be summarized as "cited law conviction" is more accurate.4

About Liu Song judicial idea, the larger controversy, that he proposed: "method to be in, so the Lord Shou Wen; had poor plug, so that the minister release lag; it should be broken, people sovereignty." "The main Shouwen, death to, dare not wrong thinking in business, the difference is heavy, constant power. No evidence, patients less, Minister of when, then no matter where. To like very broken, out rewards and punishments, if the Chinese main kill Chu Chen Feng Zhao's private, no power, human main institutions, non Minister Chen income proposed."1Professor Yu Ronggen think, therefore, Liu Song's thought is the legality and the non legal binding: "Lord, who is our Shouwen" main official law enforcement trial must observe the rules of the law; "Secretary release lag", such as Liu Song, three of the justice has the right to "procedure to the system," the law, Jing Yi solve difficult cases; "people sovereignty off" the emperor had the heart of discretion, the discretionary right to wield absolute power. In this way, the formation of a law clerks strict legal principle of crime and punishment, "Secretary of state" by the non legal doctrine, "master" by the discretionary principle three binding, complementary each other of the law enforcement system.2Professor He Qinhua will "minister" sovereignty, release lag "broken" into flexible principles;3Professor Zhang Jinfan also think "conviction thinkers advocated aid method to Liu Song Jin Dynasty represented, but at the same time some people advocate the monarchical power above the law, can be expedient".4Three famous scholars, the author thinks that seems questionable. The author thinks, the core Liu Song justice thought is "conviction" or "cited law conviction" in accordance with the law, that the Liu Song advocated "crime" and "punishment of illegal combination", "flexible" torture ", was established and the emperor can be expedient" idea cannot. The reasons are as follows:

First of all, Liu Song advocated the absolute authority of law, respected the law. Liu Song resolutely opposed to "procedure to the system", think "suitable conditions of safety, procedure to the system, listen to words is beautiful, is contrary to reason." He advocated "ruling the country by law", "the man with the world total, law." "Law established the rail is the letter, such as four, the hard as stone." "The main Shouwen, death to, dare not wrong ideas from outside into the system". In the eyes of Liu Song, the law should have the absolute authority, whether the emperor, officials or people will be one law, once the law is enacted, it shall hundred-percent execution, even if the law is not "good", or misconduct, should also be performed.

Secondly, about the "minister release lag", "sovereignty" understanding.

The author thinks, "minister release lag" understanding by the non statutory or flexible torture unseemly. Liu Song advocated "the law conviction, when all the precepts of the law, if no text, dependent patients off, the body, patients are not, is not on the", and resolutely oppose the "master" or "the light" interpretation of the law and judicial officials, that once is endowed with the power of legal interpretation, the judicial officials to avoid power failure law, law enforcement. However, in fact, the law does not "do good", and "the punishment book writing, essay must be good to love to break", in short, the law needs to explain. Grassroots judicial officials must enforce the law "as the four letter" "as hard as stone", and "life and death to them", the difficulties encountered in the judicial process, confusion in understanding of the law, should be how to do? Liu Song puts forward "science has poor plug, so the Secretary release lag", actually illustrate a judicial interpretation of the problem: the problems encountered in the judicial officials of law enforcement needs explanation, shall apply to the high level of judges -- Secretary for instructions, to ensure the correct and applicable law and how to interpret the law that, Minister? Liu Song said: "as for within the law, see different, but to the objection. This method Langling Cao history, meaning there are different for the barge, only to interpretation of law, with the broken, continue to support the outer, on at any time should be, to judge by Bureau of." Obviously, the minister had to explain the meaning of the law, not breaking the law, violating the legislative power. On the interpretation, Liu Song had no explanation, but Jin Dongdu, Taijae Shimaryo made a further explanation: "Zhu Li protesters when all cited imperative". Even in the implementation of the legal principle of crime and punishment of today, in the world scope, legal interpretation problems still exist and will exist forever. Therefore, the "minister release lag" understanding by the non statutory or flexible torture is questionable. The Constitution on the basis of contemporary China's judicial system,, the Supreme People's court, the Supreme People's Procuratorate has the right to judicial interpretation of specific problems in the execution of law, the judicial interpretation with the Liu Song's "minister release lag" Is it right? Somewhat similar?

According to the above analysis, the author thinks, in the Liu Song justice thought, "the main Shouwen" can not solve the problem, by the "minister release lag", if "have to", when there are beyond the scope of the Minister of state, can only by "people sovereignty broken". Liu Song said very clearly: "at any time should be" is the legislative problem, Minister "interpretation of law,...... Cannot invoke resort, on the appropriate at any time, to keep the justice bureau". In the feudal autocratic authoritarian era, the national power concentrated in the Imperial Emperor, even the highest judicial officer, is the supreme legislative, face belongs to the legislation in the field of "at any time should be", "sovereignty", in essence is to solve the legal problems of adjustment, change a decision, he has at least today. "The nature of legislative interpretation".

Legal thoughts in the Liu Song, I think Liu Song puts forward "," main Shouwen "minister release lag", "sovereignty" is a logical step-by-step principle system, its core is strictly in accordance with the conviction and sentencing: grassroots judicial officials should strictly abide by the law, to the death, in order to ensure the correct execution, difficult problem for the judicial process, should be made by the judicial officials high level -- Minister made the "judicial interpretation", still can not solve the problem, should by the emperor to make "legislative interpretation" or amend the law, the logic of the system by the strict enforcement of the law, finally returned to the strict enforcement of the law. The relationship between these three levels of traffic law theorists of the cut, that Liu Song is advocated "and" law, "minister" procedure to the system, "people" can be arbitrary point of view, and that Liu Song advocated flexible torture, expedient point of view there is no basis. The original is a principle of the whole system of mechanical apart, forget this business, not only can not accurately grasp the legal thought of Liu Song, it will fall into stultify oneself, care for this and lose that. Because of this, some scholars in the study of the ancient criminal law China "statutory or not", had to be confused. Some believe that the ancient criminal law and criminal law thought is stultify oneself on this issue1The relationship between crime and punishment, or that the ancient is a unity of contradiction2.

Three, Liu Song's thoughts of criminal policy

1, to punish sin, forgiveness education.

The Liu Song Jin Dynasty, judicial corruption, prison authorities but ignore the darkness, major crime endangers social security and stability, and focus on some slight negligence, have the order reversed, the tyrannical despotic, the people suffer for it. In view of this situation, Liu Song put forward to punish crime, criminal policy ideas for education, advocate the concentrated force against the law and commit the most heinous crimes, "Jane do without leakage, God will punish the guilty of minor offenses," the gentleman, can not be held, "pardon small faults, give talented people". Liu Song in the Shu emperor Hui said: "harm in making especially, and to search the micro, usually in Fangsi Leopard on the highway, but no rats steal from the corner gap. The ancients had said: 'social need not saw, harm, not for the government'. This event and slow things anxious. The political loss, few such, your majesty should instead seek. But the business also".

2, advocate the severe punishment.

As early as in the spring and Autumn period, the slave class Saint Zhou Gongdan presided over the formulation of the "Zhouli" proposed "Zhang Jianbang the three code, with Wang, Xing Bangguo, the quartet. A new country with a light punishment code, two moderate criminal law only, three with severe punishment in chaos "criminal policy. The king era "Lu punishment" take this idea further summarized as "the penalty, but the homogeneous and non homogeneous, Lun to." It is through China's ancient dynasties is a basic criminal policy of each generation, as the emperors and legal experts have attached great importance to, in the Jin Dynasty, Liu Songyi is no exception.

Emperor Hui of Jin Dynasty when, "a political group, not a criminal, lawsuit fan Zi", Liu Song said: "his majesty Fu Wei although Yingtianshunren, Longfei to succeed to the throne, as the lord. However, meet it, is uncle there"1He thinks, the era of the as "Uncle", that is, the end times, then, his thoughts of criminal policy of governing the country with law is to use. Liu Song thought that the criminal law is too kind, was not punished, and criticized: "ancient torture to stop crime, this counter to this. The repeat dead, had three inch noir heavy Kun, the punishment student punishment; and as one year old, the student also acts. The dead to accumulate, prison numerous animal. The protesters said: 'not pardon, complex and deadly. This is the punishment for sin is not very crafty, method. Greatly understand, get together and seek out, differences and different age. Therefore, since the Qing years, wicked bully, is full of"2.

3, advocate the restoration of corporal punishment.

Liu Song's penalty ideas embodied in the restoration of corporal punishment. Since the Han Emperor in 167 BC was abolished corporal punishment, corporal punishment on the abolition of the dispute is As one falls, the smoke does not come loose, until the Tang Dynasty, fell nearly a thousand years. Liu Song is a singing songs for corporal punishment completely corporal punishment advocates. In China legal history especially the history of the criminal law, the name of Liu Song is always with corporal punishment disputes together.

Liu Song advocated "corporal punishment revival movement", not like the Han people only focus on the Han Emperor reform approach of evils, he from the theory of corporal punishment system itself to reach the acme of perfection to do further verification.

First of all, Liu Song criticized the Han Emperor waste corporal punishment: "I I think the protesters arrested his small benevolence, and light against the king of the criminal code, not very, i. Now the death penalty, so will the students punishment; light, so can not help but rape crime. So, don't also caused by corporal punishment. He made such a description of the abolished corporal punishment consequences: "now acts, class of chief criminal misconduct of family, go to a suspended far, as existing Valley, the immediate exposure, will not talk health, although the low Shijie, Gou fear not the first death, both as a thief, or condition of nature evil rascal acts on! Make and lose money, home rich, solution, but no service people. The poor for the crafty pirates, but not for the Krupp also. No punishment, then the crime without contraindications; not system, a group of evil cross. As if, not to be near. In acts dead, the thief fan, the death of a number to have ten, that do another, growing old, the for a lifetime person also. Despite the anti no good period, and disaster trapped force, its marking, stealing, no information about potential, but also makes the." "So constant to sin product prison complex, pardon to prose, is for the forgiveness of the number and prison more plug, so unceasingly, will be, the original it from, corporal punishment is also not."1

In the later Han Wendi waste body criticism, Liu Song elaborates the advantages of corporal punishment, to describe a beautiful "corporal punishment return figure"2. "Corporal punishment for the king, far have deep theory....... Not only the fear of punishment and stripping pain not also, but to the evil with the husband, he will stop your useless complex, overwhelming the rape, as also the. The dead Yue foot, no so complex. The thief cut hand, without the complex stolen. Prostitutes cut its potential, physical as well as. Professor plug source, not good in this, also not in vain. After this is punishment, then the home, parents and wife, universal pension, no flow in Tu lu. There are now trapped, and more can be of service, be the old system, Suiyi industry, although not as virtual punishment residual, abandoned, and had packed, and growing fan Fu Road calm."1

It not only for the theorists and practitioners, Liu Song after putting his corporal punishment proposition, also for the restoration of the technical problem of corporal punishment. He said: "the death penalty system should be light limited, and three prisoners fled her stolen, learned to corporal punishment generation. Third year sentence below, has since the rod side, it should be for the penalty number, so that the normal limits, not reduced the. The appropriate person, and any of the rulers. Should be four or five years for all his cane, cane, to one hundred, slightly, so that each has difference, I no longer living for. Then, the punishment is not life punishment, and no longer pupils, and residue Krupp, life."2

Four, postscript

   As more than one thousand seven hundred years old and famous legal experts and legal practitioners, Liu Song's ideology of criminal law is rich and profound. Because of the historical conditions and class position limits, the ideology of criminal law inevitably contain some dross. However, we have to admit, Liu Song does as a fruitful outstanding jurists, his ideology of criminal law, is a pearl in China's ancient legal thought. In our rule of law, building a socialist country ruled by law today, identify criminal thought of Liu Song, to its dross, select the essence, will undoubtedly have positive significance.

   1, the Han Emperor abolished barbaric, cruel corporal punishment system, is a great progress of our penal system, represents the direction of historical development. Liu Songni's historical tide, based on the doctrine of severe punishment, to advocate the restoration of corporal, is to turn back the clock, the corporal punishment thought, trash and dregs of history. Although Liu Song shout oneself hoarse to advocate "corporal punishment Renaissance", but he was always a threat, the legalist school, his theory was not only "invisible" to the emperor, also cannot achieve in offspring.1No need for reticence, since the founding of our country's criminal legislation, the severe punishment doctrine has been dominant, reflection of Liu Song of corporal punishment thought, we can get inspiration from history: has its own law of historical development of penalty law, any person page can not stop the direction of history. This is China's criminal law system and the criminal thoughts towards rational, scientific direction, has a positive role in promoting.

   2, Liu Song advocate legal, urged strict judicial thought admirable. He can put forward the "Lady ruler and the world total, law." It requires considerable political courage. He advocated justice should "do believe such as four", "hold to hard as stone", judicial officials law enforcement should have "devotion to the life and death", today still has a realistic significance. The current judicial corruption, it is not some judicial officials despotism Nongfa caused? The judge occupation moral construction, we should not much publicity on judges loyal to the law, to the quality of life and death?

   In 3, Liu Song as early as one thousand seven hundred years ago, as the boundaries between the legislative and judiciary, put forward "method can not do good", should correctly handle the law of relative stability and variability, advocated the "outline for net Shu", "to punish sin, forgiveness education", in order to safeguard the authority of law, in judicial. We should establish a global view, ", not to small harm", "nearly hinder far", these ideas are embodied the Liu Song of materialism, seek truth from facts to the legal system, legal phenomena deep insight, profound legal theoretical basis and a dialectical method of self-cultivation, although individual views such as prohibition of Liu Song the interpretation of the law is still questionable, but did not affect him as a great legal theorists and legal practitioners in Chinese legal history immortal status.

   4, Liu Song proposed: "the law conviction, when all the precepts of the law, if no text, dependent patients off, the body, patients are not, are not on the." The height of this principle professor Zhang Jinfan proposed to Liu Song evaluation: Law thinkers advocated by Jin Dynasty to Liu Song to represent the conviction, major book is cast since the punishment of achievement, marking system with China criminal law theory and reached the highest in the world at that time. Although it with modern western legal principle of crime and punishment theory and practice in the nature, extent, can not be mentioned in the same breath provisions, but the basic principle is the conviction by law shall prevail, is consistent. View and law China has formed a distinctive aid law conviction in third Century, proposed earlier than the Western legality for more than one thousand years.1The evaluation of Professor Zhang is an objective, impartial.

 

  Preliminary study on Liu Song 'sCriminalThoughts

  As a famous legal theoretician and a senior government official in charge of law affairs, Liu Song advocated the idea of ruling a country by He lawProposed a seriesImportant principles on law before 1700 years Liu Song insisted that legislation andJurisdiction should be distinguished, never can law be perfect, judges should obey the law strictly, criminals should be punished heavily, Liu Song was a firm supporter of the corporal punishment

This paper abstracts

Liu Song is the Jin Dynasty and Zhang Fei, Du Yu famous famous legal experts and legal practitioners, the ideology of criminal law rich and colorful.

Liu Song advocated the rule of law. The proposed governance countries should "to the law in", "Lady ruler and the world total, law." He on the legislation and the judicial were distinguished, pointed out: "look who teach", "at any time should be" belongs to lawmakers to account, "law-abiding official, only when in use law." "According to the judge, the guard bureau." He also emphasized that the relation between the stability and changeability should correctly deal with the law, pointed out that "good government, see people teach. See people teach, preparation method is. Again, at any time should be, when the service is." "Not when, should change." Liu Song deeply aware of legislation can not "do good", therefore, he proposed the "outline for network" sparse "punish crime, criminal policy for education"; Liu Song attached great importance to safeguard the authority of law, he thinks, "law established the rail is the letter, such as four,. It is as firm as a stone." "Has been made universal, can't believe that education, party for the world is not slow, no rope to not believe the law." And even if the law is such and such problem, not "when", made in the legislative change before, still should be strictly enforced, he thinks, the severity of "period when, although tired feeling, Gou into the paper, is based." If starting from the moment, will explain the law, is the ignorance of fact, not right weight, is to small harm, harm far nearly.

Liu Song, is typical of severe penalty doctrine, advocating to restore the death penalty horn player, is a Chinese emperor after the advocacy of "representative waste corporal corporal punishment revival movement". He believes that the era of "Uncle" is gone, of course, be prepared for troubled times. He believed that social chaos, can not help but rape crime, "corporal punishment is not caused by the". Liu Song also describes in detail the corporal punishment reach the acme of perfection, and the technical problems of the restoration of corporal was studied, and puts forward a whole set of operation scheme.

The greatest achievement lies in the relationship between crime and punishment principle of Liu Song his first systematic interpretation of feudal legal system. He pointed out: "the law will be brought to, so that the main reason is poor Shouwen; plug, so that the minister release lag; it should be broken, people sovereignty." The academic circles think that Liu Song advocated "crime" and "punishment of illegal combination", and "legality", flexible torture "emperor is expedient". The author thinks that Liu Song put forward "," main Shouwen "minister release lag", "sovereignty" is a logical step-by-step principle system, its core is strictly in accordance with the conviction and sentencing: grassroots judicial officials should strictly abide by the law, to the death, in order to guarantee the correct execution of the law, judicial problems in the process, should be made by the judicial officials high level -- Minister made the "judicial interpretation", still can not solve the problem, should by the emperor to make "legislative interpretation" or amend the law, the logic of the system by the strict enforcement of the law, finally returned to the strict enforcement of the law. The relationship between these three levels of traffic law theorists of the cut, that Liu Song is advocated "and" law, "minister" procedure to the system, "people" can be arbitrary point of view, and that Liu Song advocated flexible torture, expedient point of view there is no basis.

Liu Song's ideology of criminal law, there are dross, essence. Advocate "corporal punishment Renaissance" is against the historical trend, turn back the clock. Liu Song advocated the strict enforcement of the law, to the death, is admirable, also has the positive significance even today.

 

Author brief introduction: Zhang Bo, male, born in 1968, 2003 Southwest University of Political Science and Law law professor, Chongqing Municipal Higher People's court judge, is mainly engaged in the research of criminal law science basic theory research and the criminal justice system.