What are the major developments of legal system in Song Dynasty?

The Legal System of the Song Dynasty Section 1 The Legal System of the Song Dynasty

First, the legal thought of the Song Dynasty

In the Song Dynasty, the imperial examination took scholars, valued literature over martial arts, and got rid of the shackles of the previous generation's gate valve and military attache, and the discussion on Korean politics showed an unprecedented active situation. This has led to a relatively free atmosphere in politics and thought, and also influenced legal thought.

With the Song Dynasty, it should be said that it was a dynasty with the most emperors who knew the law, and it was also a dynasty that attached importance to the law. This may also be one of the reasons why the Song Dynasty lasted for more than 300 years as a poor and white dynasty. Judging from the legal changes in the whole Song Dynasty, his legal thoughts can be roughly divided into three periods: from the beginning of the Northern Song Dynasty to the end of Renzong; From Zongshen Xifeng Reform to the end of the Northern Song Dynasty: after crossing the south, he died in the Song and Yuan Dynasties.

Second, the main development and changes of legal content in Song Dynasty

(1) Administrative legal norms

The administrative system of Song Dynasty is in the historical period of transition from Tang Dynasty to Yuan Dynasty, Ming Dynasty and Qing Dynasty, which makes the administrative regulations of Song Dynasty very complicated. Administrative laws have been compiled in all previous dynasties, such as the Legacy of the Seven Divisions of the Official Department and the Regulations of the Official Department of Ding Jing. However, in the last Song Dynasty, no one collected the complete works of administrative law like Six Codes of Tang Dynasty or Hui Codes of Ming and Qing Dynasties.

The administrative regulations of Song Dynasty are still compiled with the official system as the key link, so the selection of officials, examinations, rewards and punishments are still its main contents. In addition, the regulations on document management tend to be perfect, and the central government is divided into Zhongshu Province, Xiamen Province and Privy Council. Administration and justice are further combined, and administrative punishment and punishment go hand in hand. Especially with the development of feudal commodity economy, there are more and more administrative regulations related to handicrafts and commerce.

(2). Characteristics of Administrative Law in Song Dynasty

(1) The centralization of imperial power and the division of civil affairs.

As mentioned above, in order to maintain a high degree of centralization, the Emperor of the Song Dynasty took a series of measures to divide the powers of officials, and formed a unique system of "official and post", "official", "post" and "dismissal" in the establishment of serving officials [29]. Up to Zaifu, down to state and county governors, they are constrained by different institutions, such as the three-point power, the inspection system of the supervision department, the setting of the chief judge and so on. The emperor is no longer worried about the judgment of a minister, because everyone has no authority and should be the "eyes and ears" of the emperor.

(2) The principle of employing people with different opinions.

In the establishment of governments at all levels, there are several parallel institutions, each in charge of its own, not affiliated with each other but directly unified with the emperor. This is the result of decentralization within the system. However, the emperor felt particularly inadequate. In the appointment of specific officials, especially in the reuse of courtiers, he followed the principle of "harmony without difference", that is, using people with different political views to make each other "dare not do wrong", such as Wang Anshi and Sima Guang of Zongshen Dynasty. The second is "being an official." Compared with officials, the former is more powerful and easy to make their own decisions, while the latter is less powerful and can only obey the law. Since Hui Zong's rule, local county governors have been ordered to manage prisons carefully, and they are not allowed to become petty officials. These characteristics enabled the emperor to be "a county on a piece of paper, such as a body arm, such as an armband, without any difficulty."

(3) Criminal legal norms

1. Criminal policy

The criminal policy of the Song Dynasty has many gains and losses on the basis of the Tang law, and the main changes are as follows:

(1) Maintain the privileges of the landlord to the tenant.

With the transformation from land equalization system to tenancy system, landlords and tenant farmers became two opposing classes in Song Dynasty. The imperial court openly safeguarded the privileges of landlords to tenants through criminal legislation. During the reign of Zhezong Yuanyou, it was stipulated: "A criminal tenant is superior to a mortal; The following employees are not the principal offenders, and the above are reduced to mortals. ..... killed, don't stab the face, with neighboring states, serious will be punished "[3 1]. Guangzong Shao Xiyuan (AD 1 190) also prohibited tenants from suing landlords. If the tenant entrusts the owner, "it is not useful, although it is straight." This criminal policy encouraged landlords to oppress tenants. By the end of the Southern Song Dynasty, tenants "contracted several jobs, mortgaged or sold them", and "landlords were killed, and tenants were regarded as worthless" [32]. Zhong Xiang once pointed out in the Southern Song Dynasty: "It is not a good law to divide the rich from the poor." He pointed the finger at the unjust legal system of the imperial court.

(2) Restrict the application of the laws of "please", "reduction", "pawn" and "redemption"

Under the special circumstances of the Song Dynasty, the feudal legal tradition of "valuing the noble and using the cheap" not only failed to consolidate its ruling foundation, but made it "unscrupulous and independent", posing a potential threat to the court. Therefore, except under the rule of a few emperors, most officials in the Song Dynasty imposed "real punishment" on those who committed the crime of stealing private property. For example, during the reign of Emperor Zhezong Shaosheng, it was stipulated: "Although people who value money beg for property, they don't have to ask for it, reduce it, pawn it or redeem it." The Law Course of Qing Yuan Tiao also stipulates: "Those who privately cast money do not take the shadow as an example, and the official is not in the discussion, please reduce it." The court also restricted the application of redemption punishment to crimes committed by ordinary people. In the fourth year of Emperor Taizong's Chunhua reign (AD 993), a decree was issued, except that women who committed crimes under the staff could redeem copper for no reason, the rest could not be used as ransom. Judging from the whole Song Dynasty, "the law of redemption is only a light punishment".

(3) Add additional punishment, expand the scope of appeal penalty and reduce the application of death penalty.

With the increase of clips, the death penalty clauses have also increased dramatically. Only in the third year of Renzong Tiansheng (AD 1025), 2,436 people were broken. Compared with the Tang Dynasty, the number of death penalty has increased by dozens or hundreds. Sharp class contradictions do not allow the court to use the death penalty on a large scale. Therefore, the court took two measures to control the death penalty:

The first is to expand the scope of "calling for punishment", that is, for some criminals who can be sentenced to death or not, they will be reported to the Chinese book for a ruling through the Ministry of Punishment. In fact, most of the ruling results have not been sentenced to death;

The second is to add additional punishment to the death penalty. For example, in the tenth year of the main road (A.D. 1 174), Huangfujing died of taking bribes and stealing officials, but Xiaozong did not sentence him to death. Instead, he was sentenced to seven punishments, such as chasing and destroying his own words, removing his name, dismissing him from office, stabbing his face with a stick, establishing a passport, and matching a prison city. In addition to the main punishment in prison city, there are six other kinds.

(4) Implement "kindness"

As more and more crimes are committed, the rulers have to reduce them through the "grace" system. In the Song Dynasty, there were three kinds of kindness systems, namely, amnesty, forgiveness and virtue, which were also collectively called "borrowing snow". Song Shi? "Criminal Law Records" records: "Anyone who pardons the world and commits miscellaneous crimes below the death penalty, even those who are often pardoned, are excluded from the original sin. Where there is forgiveness, there is only one way or a country, or another Beijing, or Guinea. Fan Deyin, Death and the Sin Flowing Down, etc. The remaining crimes are released, and the crime of flowing is occasionally released, which is wide and narrow. "

In addition, there are systems for recording and releasing prisoners, such as: "Emperor 18 years old recorded himself as a prisoner in the capital and sent envoys in Guinea. Often, people who commit miscellaneous crimes below the death penalty are reduced to one level and released by the staff, or their behavior is also released. If they are combined with various roads, the supervisor is ordered to record them "[35].

The frequency of forgiveness in Song Dynasty is unprecedented. Twenty-five years in office, twenty-six years of Amnesty, fourteen years of forgiveness and thirty-seven years of Deyin. During Song Guangzong's Shao Xi period, four pardons were unexpected. The imperial court originally wanted to "clean up defects and filth", "turn people over a new leaf" and "inspire kindness", but the lines were too frequent. "The guilty may not be rehabilitated, and the victims may not be resentful. If you can't turn over a new leaf, you will return to evil; If you can't complain, you should regret it. " The result is "criminal and political chaos and excessive interests."

(4). Changes of Penalty System in Song Dynasty

(1) rod folding method

"Records of Criminal Law in the History of Song Dynasty" said: "The system of folding sticks was decided only when Taizu was in Zen". Stegosaurus promulgated the "Broken Staff Law" in four years, aiming at winning the hearts of the people and changing the disadvantages of severe punishment and severe laws since the Five Dynasties. The new "Folding Staff Law" stipulates that, except the death penalty, the other four punishments, such as slap, staff, apprentice and exile, are all folded into crutches and crutches. The specific conversion method is: convert all clubbing punishments into hip sticks, reduce the original punishment from seven to twenty, and then release. The sentence was converted into a spinal staff, and the staff was reduced from thirteen to twenty times according to the original punishment, and then released. Commutation is converted into spinal rod, which is 0/7 to 20 times of the original punishment/kloc-,and the rod is taken on the spot for one year. Among them, the service flow is 20 crutches, and the field service is three years. The method of folding the staff can make "the crime of leaving home for bandits can be exempted, the crime of behavior can be exempted from service for one year, and the tricks can be reduced."

The method of folding branches has played a certain role in easing social contradictions. But it does not apply to serious crimes such as rebellion and robbery. There are also abuses in the specific implementation, "Song History? The Yearbook of Criminal Law once said: It is a lifelong shame for a good citizen to commit crimes occasionally, causing injuries to his limbs. Although a foolish person suffers for a while, he is shameless.

(2) Supporting services

The punishment with service originated from the mobile punishment with service in Sui and Tang Dynasties. After the implementation of the folding staff method, the original exile was actually called matching service. In order to make up for the huge difference between the death penalty and the service penalty after breaking the staff, the court increased the types of service penalty and some additional penalties, making the service penalty a very complicated crime.

In the Song Dynasty, most of the penal servitude was stabbing and tattooing, which was the resurrection of ancient torture. Matching refers to the exile service. Suture is a punishment for criminals who have committed serious crimes. The needling method originated from the pricking face method in the Tianfu period of the late Jin Dynasty. Cipei in the early Song Dynasty was not a very effective method, and there was no such provision in the Song Criminal Code. Mao used it occasionally to make up for the huge difference between the death penalty and the service penalty after the implementation of the rod-folding method. However, after Injong, there were more and more imperial edicts of stabbing to death, and the punishment of stabbing to death was abused and gradually became a routine system.

The penal servitude was used most frequently in the Song Dynasty, and as many as 100,000 people were sentenced to it in the Southern Song Dynasty. Although the penalty points for serving have changed the situation of uneven weight after the implementation of the folding bar method, it has also brought many problems that are difficult to solve. For example, during the period of worshipping Ning, Cai Jing suggested following the example of Zhou Guan's practice of "borrowing soil" and imprisoning prisoners in "borrowing soil". But due to financial or management difficulties, it was suspended.

Stabbing to death has had a very bad influence on the penalty system of later generations, which is a retrogression of the penalty system and has been criticized in the Song Dynasty and later generations.

(3) During this year

As a kind of death penalty, Ling Chi began in the Western Liao Dynasty in the Five Dynasties. It is a kind of torture, which makes the prisoner extremely painful and slowly causes death. According to the history books, prisoners often "have bones, but their mouths and eyes are particularly moving, their limbs are falling apart, and the sound of moaning is endless." Lingchi punishment was used in Renzong, and became a routine punishment after Zongshen Xining. In the Southern Song Dynasty, it was officially listed as a statutory death penalty in the Law Outline of Qing Yuan Tiao.

(4) Pipe Placement [46]

Custody refers to the punishment method of putting prisoners in a certain area for reform. It may have been created in the mid-Northern Song Dynasty, similar to the current public surveillance punishment, and is mainly applicable to officials who have been removed from the list or suspended (ordered to be suspended). The punishment of detention is divided into: "detention" (restraint and control); "editing and managing" ("repeatedly sending them to other places, doing what they can, working within a limited time, not taking clips"); "Establishment" (or "resettlement" and "residence" that are lighter than establishment management are called establishment resettlement). Each sentence also has a geographical distance (or a state, or a neighboring state, or a distant state) and years.

(3) Civil economic and legal norms

1. Ownership-occurrence, attachment, adjacency and pledge of ownership.

During the Song Dynasty, with the development of commodity economy, the concept of "paying equal attention to justice and benefit" gradually replaced the concept of "paying more attention to justice than benefit", and the civil legal relationship and legal system also changed accordingly. In the early Song Dynasty, the rulers paid attention to the protection of ownership, and stipulated: "Reclaiming land is a permanent business" and "after five years, the landowner will be exposed and the tenant will be a permanent business". In the second year of Taizu Kaibao (AD 969), the system of seal deed (red deed) and tax deed was further stipulated, that is, the government confirmed the land ownership by the deed stamped with red seal, and protected the legality of land transactions by collecting deed tax.

In the Song Dynasty, due to the policy of not restraining merger and the war between the Song Dynasty, the ownership changed frequently. At that time, it was "every household traded land, purchased title deeds and disputed lawsuits." [47] This made the Song Dynasty have to make more provisions on ownership legislation than the previous generation in order to stabilize the economic order and maintain social stability. There was an imperial edict in the early Song Dynasty: "Reclaiming farmland for eternity". "After five years, the landowner has no self-disclosure, and the tenant farmer is a permanent occupation." [48] In the second year of Song Taizu Kaibao (969), the system of seal deed (red deed) was established. Later, the tax contract system was improved. Confirming and protecting private ownership by law. Some people say that in the Song Dynasty, "official rules and regulations are the most detailed, but transactions (referring to real estate transactions) are the most detailed" [49]. This is not an exaggeration.

Ownership in Song Dynasty has been divided into movable property ownership (called property sovereignty in Song Dynasty) and immovable property ownership (called industrial sovereignty in Song Dynasty). The criminal law of the Song Dynasty clearly stipulated the ownership of movable property such as buried things, lost things, drifting things, ownerless things and production interests. At the same time, the transfer of real estate (farmland) ownership, including tenancy, pawn, mortgage and other forms, needs to sign a written contract and be recognized by the government, that is, the so-called "each has its own documents, and then listen to its words." Otherwise, the dispute will not be protected by law.

From the specific provisions of the government on the acquisition of ownership at that time, it can be inferred that the acquisition of movable property ownership requires possession or mastery, and the acquisition of real estate ownership is only conditional on the collection of rent by the pipe industry.

(1) The acquisition of movable property ownership in Song Dynasty-property sovereignty is described as follows:

First, the discovery of funerary objects-called funerary objects in the Song Dynasty. "Song's criminal system? "Miscellaneous Law" Volume 27, "Hidden Things in the Gate of the Ground" contains: "Those who hide things in other people's land and don't give them away are counted as returning to the Lord." Then he said, "Tenants are the main borrowers of the official farmland family. If farmers and plows get it, they will share it with tenants. Their private fields and houses have their own owners, and borrowers do not play their skills, and the people who earn them are divided with the owners; The borrower is neither a master nor a skill, and does not score. "

The first mentioned value is: "It's the same crime to get antiques and not give them to officials in different shapes." This may be regarded as the ancient cultural relics protection law.

The second is the acquisition of lost property-"Song penalty system? Miscellaneous Law calls Lan relics, and its volume 27, Story Gate in the Ground, says, "Anyone who fails to deliver Lan relics to the official five days later will commit a capital crime. "The handling of lost property has detailed provisions:

"Lan's relics, found in nearby counties or cities, will be sent to the city department, and those inspected in Beijing will be sent to Jin Wuwei. Income ... If you haven't been recognized by your owner for 30 days, you will still record your search after receiving your palm and list it at the entrance of the village. Those who have not recognized the first anniversary have no official. "

In addition, the handling of lost livestock is also quite detailed, without examples.

The third is the treatment of drifting objects-"Song Punishment Series? Miscellaneous laws inherited miscellaneous orders of the Tang Dynasty, and its volume 27, The Gate of Stories in the Ground, states: "All public and private bamboo and wood were lost in Shui Piao, and those who were able to pick them up were piled up on the shore, advertised clearly, and filed a lawsuit for espionage. Those who know the Lord will be rewarded with two points for five points in the river and one point for the remaining five points. Limited to 30 days, no one recognizes, income. "

The fourth is the possession of ownerless things-"Song penal system? The Law of Thieves and Thieves, Volume 20, The Gate of Commercial Officials, said: "Everything in Shan Ye has been intensified and cut down, but those who need to take it are regarded as thieves." "In my humble opinion, Shan Ye's things refer to plants, medicinal materials, medical stones and so on, and some people have increased their skills, or cut or accumulated. "... From this point of view, the preemption and acquisition of ownerless property is permitted by law.

The fifth is the ownership of production interests-"Song and Punishment? The famous example, Volume IV, "The owner of stolen goods can't ask for the door without an official and has to ask for it back", said: "The benefits should be based on what he should have, but there are benefits. If the code gives birth to something, the proceeds are made by future generations, and the rich man has no power, that is, there is nothing bred, and the proceeds will be incorporated into future generations. It has been developed, what is known is returned to the previous owner, and what is not known is also a descendant. It can be seen that in the Song Dynasty, there was a distinction between natural fruits and legal fruits.

(2) The transfer of real estate ownership-called industrial sovereignty in Song Dynasty.

Real estate was called industry in Song Dynasty, and its ownership was called industrial sovereignty, which mainly included lease right, mortgage right and mortgage right. The subject matter of real estate ownership is mainly farmland houses and other "fixtures".

The transfer of real estate ownership must be signed in writing and approved by the government before a transaction can be reached. "Song's criminal system? "Miscellaneous Law" Volume 26 "The Gate of Receiving and Sending Property (Public and Private Debts) Fees" stipulates: "There are both pledge and sale of farmland houses ... We have our documents and then listen to them".

In order to put an end to disputes, the Song Dynasty also specially compiled a map of the relevant land boundaries, marking each field with four directions and the owner's name. If there is a land dispute, it will be used as a cross-examination of the lease. This kind of land boundary atlas is recorded in history: its location, orientation, plot and other rules, shape, four addresses, the name of the obligee, etc.

It is worth noting that there are some records of ownership in the Song Dynasty. In The Complete Works of Mr. Houcun, it is recorded that Liu Kezhuang, a Song Dynasty man, bought and sold field bones. The so-called field bone means "two masters in one place", which divides the land into two layers, the upper layer is called field skin (surface layer) and the lower layer is called field bone (bottom root). The ownership is manifested in the sacrificial fields, clan property and tomb fields that began in the Tang and Song Dynasties. It's just that everyone's share is not clear

As for the pawning right and mortgage right of real estate, it was also very developed in the Song Dynasty, which will be mentioned in the section on debt.

(3) Attachment and adjacency

At that time, many legal provisions were similar to the Napoleonic Code. Regarding the additional question, "Will the Song Dynasty compile manuscripts?" "Foodstuffs 55-3" contains: "Imperial edict in February of Jingdezhen in the third year (1006): those who rent official houses will listen to the demolition if they bring their own repairs ... those who live in them." "That is, appoint a supervisor to judge each other. If you don't lose the official, just listen. " He also said, "This year, because Yuan (the original) land was loaded with wood, the two families discussed it when it was redeemed. Returns the value; No, take it and cut it, and the owner shall not occupy it. " [50] There is also: "If there are trees planted in it ... the land evaluated and sold will be invited to buy according to law. The price of wood is for the repaired manned family. If you see that the tenant promises to buy, pay the land price line. From it. "

To sum up, the handling methods of seizure in today's civil law are basically the same in principle.

On the issue of neighbor relations, the Song Dynasty will compile the manuscript "Eating Goods" 28 quinquies: "The buyer shall not obstruct the original access to the official land. The house is also open. Moreover, the old and new racks are narrow, the cities and villages are tight and slow, and the measurement is moderate. The valuation must be fair and not lose money. " There is also: "living on the original road, I am particularly dull when I see land sales."

2. Canon sales and prescriptions

(1) point pulse. The classic sale in the Song Dynasty is also called "live sale", that is, a transaction method of collecting part of the benefits by transferring the right to use property and retaining the right of redemption. Because most people who sell farmland houses are poor, when they are unable to redeem them, the rich will get the ownership of farmland houses at a low price and they will suffer losses. "Shu sentenced to Qingming set? Marriage door? The case of "Extension of Code Owner Service" in Volume 9 of Redemption is quite representative. The book contains: "Yu Fa:' The number of years of selling real estate has expired, and the owner redeems it before the deadline, but the owner of the pawn pretends to delay the occupation, employee 100'. Zhao Duanben's photo was cut off and the case was closed because of his age. In addition, Zhao Duan lied about taxes and cheated the lawsuit, which is particularly treacherous. I don't want to add any more congestion today, so I took these two batches to the local office and ordered them to pay the money and quit the business. "

(2) extinguishment of prescription and suspension of prescription. In the civil legal norms of the Song Dynasty, the issue of prescription has been stipulated in detail. See the section on ownership acquisition for the prescription of acquisition. Here, the main contents of acquisitive prescription are listed as follows:

In the third year of Stegosaurus's stay in Song Taizu (962), he said, "If the pawn limit is exceeded, there is no written contract after 30 years, and it is difficult to argue whether it is true or false, it is not within the theoretical redemption limit. Look at the tenant's next sale. "

Later, in the 13th volume of the Family Marriage Law of the Criminal Code of the Song Dynasty, the article "After more than 20 years, there is no argument" written by Tang Changqing on August 15, 2002 was quoted to modify the redemption clause. "Is it going to be made up again in the Song Dynasty?" "Food 123" contains: "If it is fifteen years later, it will not be redeemed. Now the detailed life is a bit far away. It will take ten years and cannot be redeemed. From it. " Is "Shu Sentence Qingming Collection" coming again? Marriage door? The article "Fighting for Business" in Volume 5, "My Nephew and Stepuncle Fight for Business" contains: "Divide the property and complain after three years; If the will is filed for ten years, it will not be accepted. "

It can also be seen from the above materials that with the development of commodity economy, the acceleration of folk circulation and the shortening of limitation period, the characteristics of civil law development have been clearly reflected in the Song Dynasty.

It is particularly noteworthy that, as late as the Song Dynasty, there were provisions similar to those in today's civil law on the suspension of the limitation of action. "Song's criminal system? "Family Marriage Law", Volume XIII, "Dianmai refers to the struggle for family property" contains: "If there is a reason, those who stay outside will be excluded in. "

It also stipulates: "Those who exceed the limit are allowed to report the case one by one. If the lawsuit is difficult and the time is delayed, they will be re-enshrined." [54] It can be seen that the government paid attention to the issue of prescription at that time.

3. The development of debt law and contractual relationship

In Song Dynasty, there were specific legal provisions on the occurrence, performance or non-performance, elimination and guarantee of debts. Qingyuan law also has provisions on mortgage and lien. The popular contracts in Song Dynasty mainly include sales contracts, lease contracts and loan contracts [55]. Among them, the lease of land is called tenancy, and the tenancy system was one of the most important debt relationships regulated by law at that time. In the early Song Dynasty, it was clear that the two sides agreed on the tenancy relationship by contract, and the tenant farmers were registered in the household registration by the government, which was called "household registration by the whole people". Renzong has laws and regulations, and tenants have certain freedom of movement. "There is no need for the master's reasons." However, with the intensification of land annexation, the personal attachment of tenant farmers to landlords was strengthened in the Southern Song Dynasty. The law strictly investigates debt evaders and protects the interests of creditors.

(1) The occurrence of debt

The debt generated by the contract in the Song Dynasty accounts for the majority, and of course there are other forms of creditor's rights. In terms of the legal provisions of sales contracts, both the Criminal Code of the Song Dynasty and the legal category of Qingyuan Article emphasize the "agreement" between the two parties. If a contract is forcibly signed against the will of the parties, the constitution should be re-established. At the same time, maintain parents' property control rights. In other words, "the sale of property must be clearly marked or pledged by name, and the pledge must be signed by the owner's elders to the owner or his cronies." Or women who are difficult to face, must discuss through the curtain before they can conduct production transactions. "

(2) Sales contract. There are three kinds of sales contracts in Song Dynasty: absolute sales, live sales and credit sales. Never sell for general business. The "live sale" in Song Dynasty, also known as "classic sale", is a trading method of collecting part of the benefits through the right to use the transferred object and retaining the right of redemption. Because most people who sell farmland houses are poor, when they are unable to redeem them, the rich will get the ownership of farmland houses at a low price and they will suffer losses. Selling on credit is similar to commercial credit or advance payment, and then collecting the value of the goods sold. These important trading activities are legal and effective only if a written contract is signed and approved by the government.

(3) lease contract. The lease of houses and houses in Song Dynasty was called "rent", "rent" or "cut". The leasing of horses and chariots for people and animals is called mediocrity and employment. Taking house leasing as an example, the legal provisions of the Song Dynasty are very detailed. As the saying goes, "every household rents a house, which is exempted from repair and demolition for five days, and the rent is collected on the sixth day. The rafters, lots and money are equally divided, and the monthly rent is daily rent."

Tenancy activities were very common in the Song Dynasty. When signing a land lease contract, landlords and tenants should specify the terms of paying rent and paying taxes, or collect rent according to the proportion of harvest (sharing rent), or implement fixed rent. Landlords should also pay land taxes to the state. If the tenant fails to pay the rent within the time limit, the landlord can complain to the government from 1 October1day to January 30th every year, and the government will recover it on his behalf.

(4) loan contract. The laws of the Song Dynasty followed the Tang system and distinguished between borrowing and lending. Borrowing refers to the purpose of lending, and lending refers to consumer lending. At that time, the use of interest-free loans was called liabilities, and interest-bearing consumer loans were called withdrawals. It also stipulates that "(bidders) shall not be based on the return of profits", and usury and exploitation shall not be carried out beyond the regulations, so as not to intensify social contradictions.

3. Marriage laws and regulations

Song inherited the Tang law and stipulated: "Men are fifteen years old and women are over thirteen years old." Those who violate the age of marriage are not allowed to get married. The Song law prohibited the marriage of relatives within five clothes, but it did not prohibit the marriage of second aunts and uncles. In addition, the Song Criminal Code also stipulates: "On the date of appointment, county officials shall not marry people under the command of * * * *, and offenders will be pardoned and remain. Its state, prefecture and county orders are the same as those of its subordinate officials. Those who have been engaged before, have an official residence after, and are quite willing to be in the official door of the third auxiliary are not prohibited. "

In terms of divorce, the system of "seven out" and "three noes" in the Tang Dynasty is still implemented, but it has been modified. For example, the criminal law of Song Dynasty stipulated that the husband would not return after going out for three years, and the prospective wife would remarry or divorce after six years. But "the wife has been good for three years, so the remarried person flows three thousand miles, and the concubine is reduced by one person." If the husband dies and the wife is "disobedient", the Family Order of the Song Dynasty stipulates: "If you change to a suitable (married) post, you shall not be paid in the Ministry, handmaiden or farmhouse." Strictly safeguard the inherent tradition that family property is not transferable.

4. Inheritance regulations

The laws of the Song Dynasty have great flexibility in inheritance relations. In addition to following the previous system of equal sharing of inheritance between brothers, women in the house are also allowed to enjoy part of the inheritance property rights. At the same time, it is recognized that posthumous children enjoy the same inheritance rights as their own children. In the Southern Song Dynasty, the inheritance method of orphans' property was stipulated. An orphan means that there is no man in the family to inherit. No family has two ways to establish an heir. Where "the husband dies while the wife is alive", the successor is the wife, which is called "successor". In the case of "both husband and wife are dead", Li Ji follows his elders and relatives, which is called "life inheritance". Stepsons and unmarried daughters have the right to inherit, but only unmarried women have three-quarters of the right to inherit, and stepsons have one-quarter of the right to inherit. Only married women (married women), married women enjoy one third of the property inheritance rights, stepchildren enjoy one third, and the other third belongs to the government.

5. Prohibition of laws and regulations

In the Song Dynasty, there was a shortage of finance, and banning monopoly was one of the important ways to obtain financial revenue. The Song Dynasty expanded the scope of prohibition (monopoly). In addition to traditional salt, wine and tea, alum, iron and coal are all listed as prohibited categories. Among the prohibition laws, salt law, tea law and liquor law are the most important and complete. Salt Law is a law about cooking, trading and trafficking of salt. In the central government, there are three salt and iron envoys, and in local areas, there are franchise institutions set up by salt-producing areas and commercial ports to specialize in salt affairs. At that time, it was divided into official transportation, official sales, commercial transportation and commercial sales. The salt law stipulates that anyone who commits illegal salt will be fined forty. However, due to the high price of official salt, private traders have repeatedly banned it. Liquor Law is a law about the brewing, taxation and monopoly of liquor. In the Song Dynasty, the monopoly of wine was called "monopoly". Brewing koji is monopolized by the government, and private production is prohibited by the people. Violators may even be executed. The official strictly controls the production and sale of wine and imposes heavy taxes. Later generations commented that "there was no such thing in Song Dynasty".

(B) the characteristics of the litigation trial system

1. The emperor of the Song Dynasty decided the case himself. Hui Zong often used the imperial pen to write off crimes and "confuse old chapters". Those who don't execute the crime of breaking the imperial pen are often punished as "disrespectful". Such judgments are mostly illegal and cannot be appealed.

2. Pay attention to evidence and on-site inspection. There is a system of "checking differences and classifying investigations" for heavy confessions. Because the prisoner confessed and the case was serious, the judge usually tried it and said, "Don't push"; If it is tried by a judicial organ, it is called "not moving". The government has special inspectors and detailed inspection formats. The Southern Song Dynasty also issued a list of inquests, attaching importance to the investigation and evidence collection of the crime scene. Objectively promoted the development of forensic medicine at that time. The appearance of the famous collection of grievances and other forensic works is directly related to this.

3. There is a clear prescription for civil litigation in Song Dynasty, which is called "statute of limitations". For criminal cases, according to the nature and seriousness of the case, there are different time limits for closing the case. It plays a positive role in preventing accumulated cases and giving play to judicial functions.

(C) the characteristics of the trial supervision system

In the Song Dynasty, a relatively complete trial supervision system was established in addition to the supervision between judicial institutions. In the central government, the judicial function of Yushitai has been expanded. During the reign of Emperor Taizong, Yushitai was appointed as an investigator, and he went to the local authorities to try major cases. At the local level, the criminal prosecution department supervises the state and county justice, which has become the origin of the inspection system in later generations. In addition, the "snow management system" and "referral office" have been specially stipulated to rehabilitate false and wrong cases.