What were the principles of justice in the Tang and Song dynasties?

The unity of etiquette and law, the principle of moderation.

Answer] :d 1) The Dali Temple in the Tang Dynasty had Zhengqing and Shaoqing as the chief and deputy governors, exercising the right of judicial adjudication and hearing cases of imprisonment or above for hundreds of officials and Jingshi. All judgments in cases of criminal exile must be submitted to the Criminal Department for review; The Emperor's approval must be sought in cases of death.

At the same time, Dali Temple has the right to retry the death penalty and difficult cases transferred by the Criminal Department, so item A is incorrect. (2) When a major case occurred in the Tang Dynasty or a local area, the provisional supreme court composed of Shilang of the Criminal Department, Yushi Zhongcheng, and Dali Siqing was called the "Three Divisions", so item B is also incorrect. (3) The Tang Dynasty Imperial History Observatory was divided into Taiwan Yuan, Palace, and Procuratorate, which governed the subordinate imperial histories.

The Taiwan Academy is the basic part of the Imperial History Observatory, which is in charge of correcting the bullets and hundreds of officials, participating in the trial of Dali Temple and hearing major cases handed over by the emperor. The palace was in charge of the disrespectful behavior of the officials who violated the court etiquette in the palace, and inspected the capital and other court meetings and suburbs. The procuratorate is in charge of picketing the illegal acts of local officials in prefectures and counties.

In the Tang Dynasty, the "Dao" was the supervision area, the whole country was divided into ten provinces, each of which set up a supervising imperial history, called the patrol history, although the grade of the shed cherry blossoms was low, but the power was great, it was the eyes and ears of the emperor who was located in the ground oak without the side. Therefore, item c is wrong, and the correct statement should be the Taiwan Yuan. (4) In the Song Dynasty, the local prefectures and counties still implemented the system of integration of justice and administration.

However, since the time of Taizong, local judicial supervision has been strengthened, and above the prefectures and counties, the Criminal and Prison Divisions have been set up as the first judicial dispatch agency in various local areas. The Department of Criminal Prisons regularly inspects prefectures and counties, supervises trials, and records prisoners in detail. If the trial of the local officials violates the law, the punishment department can immediately punish the minority, and the serious case can be reported to the emperor for ruling.

Therefore, item d is correct and elected.

The political system of the Song Dynasty was complex, and so was the judiciary. Moreover, the judicial system has not been the same from one period to another. But in general, the judicial power at that time was:

The Criminal Court, the Picket Department of Criminal Prisons in Beijing, the Criminal Department, Dali Temple, etc. After the restructuring of Yuanfeng, the functions of the Criminal Court and the Department of Pickets in Beijing were merged into the Criminal Department. In the later period of the Northern Song Dynasty, the political system was reorganized again, and only two divisions of the Criminal Department and the Metropolitan Official were left.

As for the local level, there is the Department of Criminal Prisons (Constitutional Division). Of course, in the Song Dynasty, Zhongshu Province, Menxia Province and the Privy Council all had corresponding judicial institutions, and in addition to the supervision function, the Yushitai also had judicial responsibilities. One of the main responsibilities of the governors of prefectures, prefectures, counties, towns and towns at all levels is to hear cases, and the judicial assistants of the governors of the prefectures are magistrates and judges, and the judicial functional departments of the prefectures have divisions (records) to join the army and hear lawsuits of household marriages, mainly civil cases; Fa Cao (judicial) joined the army and presided over criminal law.

In addition, there are temporary judicial institutions, major cases are under the Imperial Shitai Prison, after the case is judged, by the Kaifeng Mansion, Dali Temple "investigation" to the Northern Song Dynasty Shenzong period, the judicial institutions and the early Northern Song Dynasty is basically the same. In the fifth year of Xining (1072), the accounts of the three divisions were changed to the accounts of the lifting department, and the official system was reformed in the fifth year of Yuanfeng (1082), and the criminal court, the picket prison department and the account department in Beijing were merged into the criminal department, and Shangshu and Shilang were set up as the chief and deputy chiefs, and Lang Zhong and Yuanwailang were the four directors of the subordinate departments. In the first year of Yuanyou (1086), the functions and powers of the original picket in the Criminal Prison Division were transferred from the Criminal Department to the Yushitai, and the functions and powers of the original Accounting Department were transferred from the Criminal Department to the Household Department.

In the third year of Yuan You, the cases of the household department and the warehouse department were assigned to the criminal department and the department of the criminal department; The ancient prison of Dali Temple was dismissed, and according to the old practice of the three divisions, another inquest judge was set up in the household department. Dali Temple has become the highest judicial body, with one Qing and two Shaoqing as the chief and deputy governors, as well as the Zheng, Cheng, Sizhi, and Commentators as subordinate officials, and the Dali Temple Prison has been re-established. In the third year of Yuan You, he was dismissed from the right prison, and it was restored in the second year of Shaosheng (1095).

After Yuanfeng reformed the official system, the Yushitai was mainly used as a supervisory body, and the judicial power was reduced, the direct officials were abolished, and the Yushitai Prison was dismissed; Prosecutors are appointed to examine the law. During the Southern Song Dynasty, the provincial institutions were merged, but the relevant judicial institutions were still retained. The local judicial institutions at all levels in the late Northern Song Dynasty and the Southern Song Dynasty were generally the same as those in the early Northern Song Dynasty.

The Southern Song Dynasty Palace's Front Division, Ma Jun Division, and Infantry Division, as well as the Imperial Front Tun garrison army in Jiankang, Zhenjiang, Ezhou and other places, all have "push prisons", called "Hou Division".

The judicial system of the Song Dynasty basically followed the system of the Tang Dynasty, with Dali Temple, Criminal Department, and Yushitai.

Dali Temple is the highest judicial institution in the country. Equivalent to the modern Supreme Court.

The Criminal Department is the highest judicial administrative body, and is also responsible for reviewing cases of exile or more sentences in Dali Temple. In the Song Dynasty, the review function of the criminal department was strengthened compared with that of the previous generation.

In addition to these institutions, the Song Dynasty also set up three statutory organs, the Dengwen Drum Yuan, the Dengwen Procuratorate, and the Lijian Yuan, which specialized in accepting cases of direct complaints to the imperial court, as well as unjust cases of appeal. The Gyeonggi region set up the Kaifeng Prefecture (such as the story of Bao Zheng), and the prefectures and counties set up ** to dispatch various criminal prison divisions (such as the story of Song Ci), aiming to strengthen the emperor's control over the judiciary at all levels.

Dali Temple** introduction: After the restructuring of Yuanfeng, one person in Dali Temple, two Shaoqing in Dali Temple, two people in Dali Temple, four people in Tuicheng, six people in Broken Cheng, six people in Sizhi, two people in ten evaluations, and two people in the main book. Dali Siqing is in charge of prison, detailed punishment, and scolding.

Other ** with the same position are divided into left and right: the world impeached officials, generals and prisoners who are suspected of asking for punishment, and the left is sentenced, then the department is straight, the matter is judged in detail, and the matter is discussed, and the trial is made; If the affairs of the Beijing Baisi should be pushed, or the special commission and the things of the officials should be investigated, they will be under the right prison, and they will be specially promoted. The left and right Shaoqing of Dali Temple are divided into their affairs, and the Dali Temple is in charge.

Those who should be reviewed in criminal prisons shall be subject to the Criminal Department. Those who are ordered to push the sheath and commit serious crimes, Dali Temple, please seal the judgment. If the prison is empty or cut off, then the imperial history will be heard according to the truth.

There is one out of ten cases, six officials are placed, and nine out of ten.

Developments in the Judiciary.

Dali Temple is the first judicial organ, with the left sentence and the right prison. All cases of local states reporting for retrial and cases of crimes committed by magistrates shall be the responsibility of Zuo Juan Sentencing; The case of the 100 officials of the Fan Jingshi is the responsibility of the Right Prison. At the same time, the "trial" and "judgment" are separated, and the trial is attributed to the judgment department, and the usage is returned to the discussion department.

The Criminal Department is responsible for the detailed review of the national death penalty cases decided by Dali Temple and the ** Zhaoxue and other matters. After the trial was restructured, the trial and criminal court was merged into the Criminal Department, and the later criminal department was set up with left and right Cao, with the left Cao responsible for the review of death penalty cases and the right Cao responsible for the review of criminal cases committed by officials. Its functions have expanded.

The trial court is a ** trial organ added before Shenzong to strengthen the emperor's control over the judiciary.

Among the local judicial organs, each road has set up a criminal department, which is the first judicial dispatch agency in each road, and the state has set up a judicial service and judicial dispatch agency for employee wages and judicial officers. The state has a full-time judicial officer and a manager to join the army, who are in charge of prosecuting and prosecuting crimes and investigating and interrogating, and the governor is the presiding judge. The county magistrate is responsible for the trial, and "the crime of cane shall be punished in the county."

Local death penalty cases are generally tried at the state level, and reported to the road level and transferred to the criminal department for review.

Characteristics of the litigation system.

The emperors of the Song Dynasty mostly personally decided cases. Most of the "royal pen judgments" are not in accordance with the law, and they are not allowed to sue for injustice.

Emphasis on evidence and on-site inspections. Because the prisoner retracts his confession, and the circumstances involved are serious, the judge or judicial organ is usually changed for trial. The government set up a special inquest officer and formulated a detailed inquest format, and the Southern Song Dynasty also promulgated the "Inspection Grid", which objectively promoted the development of forensic science at that time.

The emergence of the famous forensic science works such as the "Collection of Records of Clearing Grievances" is directly related to this.

The Song Dynasty had a clear statute of limitations for civil litigation, known as the "Limitation Law". For criminal cases, there are also different time limits for the conclusion of trial depending on the nature of the case and the severity of the circumstances.

In the Song Dynasty, in addition to the upper and lower, left and right supervision of the trial institutions, vat dyes established a relatively complete trial supervision system. In ** to expand the judicial functions of the Imperial Tower, there was a survey officer of the Imperial Tower, and he was assigned to the local area to try major cases. At the local level, the penal department supervised the administration of justice at the prefecture and county level, which became the source of the system of inspection in later generations.

In addition, there are special provisions for the "Lixue system" and the "Investigation Yuan" for redressing unjust cases and promptly dealing with wrongful judgments.

Selection of judges.

Guaranteed system. The sponsor shall be jointly and severally liable for the crimes committed by the person being held for during his term of office.

Examination system. Judges' Responsibilities. liability for trespassers; Comply with the time limit for handling cases; Liability for breach of procedure and system.

The judicial power is under the direct control of the emperor. They followed the Tang system, and still took Dali Temple, the Criminal Department, and the Yushitai as the three major judicial organs, and the responsibilities of each institution remained unchanged.

As for the localities, the prefecture (government) and county levels are implemented, and the chief executive is still in charge of justice. Each county has the right to try cases below the cane sentence, and in cases above prison terms, it must submit the trial opinion to the state government for judgment. All prefectures have the right to try cases above prison sentences, but death penalty cases must be reported to the Criminal Department for review, and major and difficult cases must be reported to the Criminal Department for deliberation by Dali Temple, or by the emperor's ruling.

In the Gyeonggi region, the Kaifeng and Lin'an provinces are responsible for judicial adjudication activities.

Reference from the book).

Hello, business limits. The Limitation Law was a judicial system in the Tang and Song dynasties, which mainly stipulated that civil litigation was prohibited during the busy agricultural season, so as not to affect production. Wu refers to agricultural work, that is, agricultural production labor.

The specific period is: the beginning of February of the lunar calendar every year, called "intake", that is, the beginning of the agricultural season, to September 30. This period of time is a time limit during which the state and county governments will stop hearing civil cases such as land, debts, and rents.

At the first day of October, it is called "Wu Kai", and only then can civil cases be accepted. This system is to ensure that agricultural production is not affected, and there is also the influence of feudal social ethics and morality. Ethics requires that ordinary disputes, especially civil disputes, must first be regulated by grassroots managers, and only after they are invalid can they file a lawsuit with the official government, otherwise they will be punished.

In addition, in ancient times, state and county officials were concurrently serving in the administration and judiciary, and they were busy with affairs, so they did not pay much attention to civil cases, that is, those that did not pose much harm to the state and social security.