The criminal justice system

 

   Song Chengtang, the most prominent feature is the basic principle of criminal law will protect criminal privileged aristocrats and bureaucrats. Song Taizu made no addition, bureaucrat. ("Yan Jian Department of years since recorded", Jianyan year April Ding Hai) the two Song period, in addition to corrupt officials and the particular exception, song can really do not easily kill minister.


   In the early Northern Song Dynasty, sin, officials when the method are the basis of. But the official system of the Tang Dynasty Song Dynasty and bureaucracy have difference, officials said and the actual position is not consistent, some titles have no practical significance. Taizong in Chunhua the first year (990 years) Xiazhao stipulates: "since this responsibility, and to the Ministry. No, scattered, interviewers like hoon." Thus changing the laws about Hoon and jazz can be used to offset the penalty provisions. To the Southern Song Dynasty, the law clearly stipulates: "the prince and the gentlemen don't in you, please, reduction, exemption, as the example."

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   Officials have the privilege of crime, may be exempted from such as rod of pain. Song Qingli, Lv Zuqian said: "since Jia You, whip divination penalty not of the literati." God Zong Xining seven years (in 1074) Zhao: "official crime, according to police officer and played to the purpose, without his arrest, the post salary." It appears in the rulers, officer's identity is higher than the common people, for their treatment can not be in accordance with the ordinary law. Song Huizong wrote in a letter, if product officer in accordance with the regular method, casually cangue news, "will make people despise tseuk Luk heart". The Song said: "to be literati polite, is the North korea." The researchers also have similar privileges. The early Northern Song Dynasty, the imperial clan crime, and ordinary people with law, after three times of interrogation not guilty,, and interrogation. Zheng and seven years (1117) Huizong Dahir "except to clean up heavy damage, don't be punished, for the card for more than, still take the confession, not to beat beat." Neither of the imperial clan torture beat beat, thorn also is certainly not allowed.


   The main characteristics of the Song Dynasty of punishment is the main tendency of light punishment: weakening, but the use of additional punishment is gradually to the main. I gradually expand the use of additional punishment policy is closely related to the Song Dynasty, the penalty is a polarization development process, showing a light to the light, even more serious trend.


   Extensive use of an important characteristic of Song Dynasty is an additional type of criminal law. Due to the legal copy the most, but the song was given to fold the wand concessions, in this way, both common criminals or repeat, can enjoy the discount preferential rod method. The folding rod law is not enough punishment evil situation, because the folding rod method does not involve the death penalty, so the death penalty and Xing disjointed, degree of disorder. To remedy this defect, so to increase the arrangement of additional punishment to enlarge to the criminal punishment, along with the development of the Song Dynasty social contradictions, by use of the additional Xing is becoming wider and wider, the scale of punishment has become more and more dense, and showed increasing trend. Later, the supplementary punishment of Song Dynasty has weight to principal penalty, thus become a feature of the criminal law in the song dynasty.

Song Taizu


  There are seven additional punishment in Song dynasty:

1, Li: including comedo and does not penetrate face, with which persons belonging to the army.

2, pipe series: the need for exile, but itself need not service. Combined with the light on.

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3, custodial: even if similar under house arrest, meet amnesty to release.

4, shift Xiang: meet the amnesty from then.

5, to make the public: even the prisoners shackled in public pillory.

6, no official servants: to lifelong service, to the late Southern Song Dynasty Ning deem waste.

7, family property: namely, the family capital confiscated.


Four main charge of song dynasty:

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   A: "thief law"

   The class struggle is very intense, the peasant uprising and soldiers violence continue to occur. In order to strengthen the ruling, the government formulated the torture. "Thieves" heavy attack against the court act. The main content is: "rogue" sin as the confiscation of property, family, exile thousands of miles; the crime when the dead apostles, flow, sent to south of the Five Ridges. Although the criminals in the amnesty, which shall not be less. Those harboring, asylum to death "thieves", if the circumstances are serious cut. "Thieves" in the house, and shall nail hanging board, a crime, the punishment. If the migration, the government approved. And the delineation of the county Kaifeng Prefecture, Hebei, Huainan, Jingdong, accessories for the implementation of "rogue" the road is heavy on the regional. The song in the punishment "thieves" means, extremely cruel, all kinds of torture, do not say.


    For a common thief crime also aggravated punishment. "Song punishment system" provisions: where the "don't ask, there is no stolen goods stolen, and put to death"; "dirty five through the full foot street". Legal provisions vary song thief crime, to Tetsune Yuanwoo when the revision, "the stolen goods but in law three times", that is to add three times than sentencing.

 

Two: heavy Paul method

   Kamine Xinemitsu year (1070) the song made heavy Lu, also known as the "warehouse", increase the salary to the government officials who, high to honesty, a heavy, petty official crime shall be given a heavier punishment, where begging or bribes over one hundred money, only a year, each adding one hundred money, one thousand money flow two thousand in every one thousand money, plus two, the three years to stop crime and crime; additional penalty with five hundred miles of the management, flow management with thousands of miles away. Officials from the court, to the Department, the state county, all darshan. Don't bring heavy, official crime in accordance with the ordinary law crime. The law also provides, for heavy, private, not part-time non heavy Lu Shen. The song heavy Paul law, is hoping to standardize the behavior, they will be placed under the supervision of law.

 

Three: the stripping of mulberry extension method

   Chinese ancient society is a mainly agricultural economy society, rulers are more or less developed agricultural plant protection law. The Song Dynasty attached great importance to the protection of agricultural plants, developed a severe damage against agricultural plant behavior measures, such as: the stripping of mulberry extension method is an example. Set in early Song period, the mulberry tree dry peeling Tuozhi dead, with a ruler measuring trunk circumference length, area of forty-two feet for a work, the full three work is executed. Injong days nine years (1031 AD), has been proposed by law is too heavy, the judge set on life, judge on as usual, Renzong Aki "death caused by cutting crime played" as the seriousness of the case to give the corresponding punishment. The law stipulates: any enemies and destroy of others sang extension rod, one hundred, filled with five feet and a year, for a full power only a year and a half, each work plus one crime, the crime with the neighboring state of flow. After felling trees not withered dead, minus three crime.

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Four: strictly prosecute corrupt official

   Song Taizu, Taizong period, official crimes, usually punish with due severity, or executed, it combined with the bad area. However, since the time of corrupt official "later, slightly from the gentle crackdown", a decreasing trend. After the song Ting Nan Du, Shen Yan Emperor had once stolen goods of the prohibition, Dahir corrupt official not allow local administrators at all levels. The act stipulates: government officials of low-level services, stolen goods, dirty, dirty or intimidation and strong for the crime of bribery crime, all to all staff, "suspended", it was not. Li Zong Jingding two years (AD 1261) also stipulates, enemy jiansi, state executive to check impeach corrupt official number as assessment, reward and punishment standards.

 

   However, there are policies, there are countermeasures. China social system and historical deposition determine bribery this social phenomenon, in the feudal era, is not possible because of the emergence of "emperor" or "cool" promulgated, can eliminate. Without the people's supervision, and severe punishment, continues to suppress the officialdom that "gain ten thousand percent" of the transactions.