The Role of Law in 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 former military attache. The discussion on the political affairs of the DPRK showed an unprecedented active situation, the political and ideological atmosphere was relatively free, and legal thoughts were also affected.

There is the Song Dynasty, which should be said to be the dynasty in which the emperor knew the law and obeyed the law the most. This may also be one of the reasons why poverty and weakness in the Song Dynasty lasted for more than 300 years. 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 southern Song Dynasty, he died in the Yuan Dynasty.

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 law 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, by the end of the Song Dynasty, no one had collected the achievements of a generation of administrative law like the Six Codes of the Tang Dynasty or the Huizong Code of the Ming and Qing Dynasties.

The administrative regulations in Song Dynasty are still based on official positions, so the selection of officials, examinations, rewards and punishments are still its main contents. In addition, the provisions of document management are becoming more and more complete, and the central government is divided into Zhongshu Province, Xiamen Province and Privy Council. The administration and the judiciary are further integrated, and administrative sanctions and punishments go hand in hand. Especially with the development of feudal commodity economy, there are more and more administrative regulations about 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 keep a high degree of centralization from giving up halfway, the Emperor of Song Dynasty took a series of measures to divide the powers of officials, and formed a unique system of "official and post", "official", "post", "dispatch" and "name and reality" [29].

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

In the setting of government offices at all levels, there are several parallel institutions, each in charge of its own, but not subordinate to each other and directly unified with the emperor. This is the result of decentralization within the system. However, the emperor is particularly inadequate. In the appointment of specific officials, especially in the reuse of courtiers, he followed the principle of "mixing different opinions", that is, using people with different political views to make each other "dare not do something wrong", such as Wang Anshi and Sima Guang, who are all gods of dynasties. The former is strong and easy to make their own decisions, while the latter is weak and can only obey the law. Since Hui Zong came to power, he has ordered local state and county governors to manage prisons carefully and not allow them to be petty officials. These characteristics enabled the emperor to "write down the counties and counties on a piece of paper, such as an arm as a finger, without any difficulty, and the general trend of the world is one."

(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 the Song Dynasty. The imperial court openly safeguarded the privileges of landlords to tenants through criminal legislation. In the first year of Zhezong, it was stipulated: "Tenants commit crimes better than ordinary people; Principal offenders below the staff are not considered, and the above-mentioned personnel are reduced to mortals. .................................................................................................................................................. regards tenants as dirt [32]. In the Southern Song Dynasty, Zhong Xiang once pointed out: "The law divides the rich and the poor, which is not a good law", pointing directly at the unfair 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 for 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 Zhe Zongshao, it was stipulated that "those who value money beg for property, although there is an official seal. In the fourth year of Emperor Taizong's Chunhua reign (AD 993), it was decreed that there was no reason to redeem the copper except the women who committed crimes under the staff. 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 in staffing, the death penalty clause has also increased dramatically. In the third year of Injong alone (A.D. 1025), 2,436 people were sentenced to death. The number of death sentences has increased by dozens or even hundreds times compared with that of the Tang Dynasty. 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 alleviate them through a "benevolent" system. There were three kinds of goodness in Song Dynasty, namely, forgiveness, forgiveness and virtue, which were also collectively called "borrowing snow". "Criminal Law Annals" said: "Anyone who pardons the world will be released for capital crimes, and even those who are often pardoned will be exempted from their original sins. Anyone who forgives will go to a state, another city, or the capital, and each Germany will announce that the crime of capital punishment and exile will be reduced, and the remaining crimes will be released. The crime of exile will be occasionally released, with some width and some narrowness. " .

In addition, there is a system to record the release of prisoners, such as: "When the emperor was four years old, he recorded himself as a prisoner in the capital and sent envoys in the capital. Often, if he commits a mixed crime, he will be killed with a stick or released. If all the ways are combined, he will be ordered to record it "[35].

In the Song Dynasty, the frequency of pardon was unprecedented. Hui Zong was in power for 25 years, but he was pardoned for 26 years, 14 years and 37 years. During Shao Xi's rule in Song Guangzong, he was pardoned for four years. The imperial court originally wanted to "clean up defects and filth", "turn people over a new leaf" and "inspire kindness" However, this is too frequent. "Criminals may not be pardoned for turning over a new leaf, but victims may be restrained." If you can't complain, you will regret it forever. The result is "criminal and political chaos, excessive interests."

(4). Changes of Penalty System in Song Dynasty

(1) rod folding method

"History of Song Dynasty Criminal Law Records" said: "The system of folding sticks began when Taizu meditated." Stegosaurus promulgated the "Folding Rod 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 stick law" stipulates that, except the death penalty, the other four punishments, such as slap, stick, law and exile, are all changed to hip sticks and spinal sticks. According to the original punishment, the staff was 13 to 20 times and then released. The punishment of exile is converted into a spinal rod, and the rod is 0/7 to 20 lashes according to the original punishment/kloc-,and the rod is served on the spot for one year. Among them, the spine staff provided additional services for 20 years and served on site for three years. The method of breaking the staff makes "the crime of floating can be exempted from long-distance migration, and the crime of prison can be exempted from serving for one year, and the tricks can be reduced".

The method of folding sticks has played a certain role in easing social contradictions, but it is not suitable for treason, robbery and other felonies. There is also abuse in the specific implementation. "Chronicle of Criminal Law" once said: It is a lifelong shame for a good citizen to commit crimes occasionally, causing injuries to his limbs, while a foolish citizen, though suffering for a while, is shameless at last.

(2) Supporting services

Service punishment originated from floating punishment in Sui and Tang Dynasties. After the stick-folding method was implemented, the original floating penalty was actually called paired serve. In order to make up for the huge difference between the death penalty and the punishment with matching, the court increased the types of the punishment with matching service and some additional punishments, making the punishment with matching service a very complicated crime.

In the Song Dynasty, most of the penal servitude was stabbing and tattooing, which was the resurrection of ancient torture. Matchmaking refers to the matchmaking service for exiled criminals. Sticking is a punishment for criminals who commit serious crimes. The matching is because of the thorn-face method in Tianfu period in the late Jin Dynasty. This was an unusual method in the early Song Dynasty, and it was not stipulated in the Song Criminal Code. Mao used it occasionally to make up for the great difference between the death penalty and the supporting service penalty after the implementation of the rod-folding method. However, after Injong, there were more and more letters and more fits.

The penal servitude was the most frequently used penalty in the Song Dynasty, and the number of people sentenced to penal servitude at one time in the Southern Song Dynasty was as high as100000. Although the prison sentence has changed the uneven situation after the implementation of the folding rod method, it has also brought many problems that are difficult to solve. For example, during the period of Chongning, Cai Jing suggested that Zhou Guan should follow the example of "borrowing soil" and imprison prisoners in borrowed soil. However, due to lack of funds or management,

Stabbing to death had a very bad influence on the penalty system of later generations, which was a retrogression of the penalty system and was 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 that makes prisoners extremely painful and slowly leads to 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 was used for Renzong, and Shen Zongxi Ning later became a regular punishment. In the Southern Song Dynasty, in the Qing Dynasty,

(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). Detention punishment can be divided into: "detention" (restraint and bondage); "editing and managing" ("repeatedly sending them to other places, doing what they can, working within a limited time, not taking clips"); "Establishment" (or "resettlement" or "residence", which is lighter than establishment management, refers to establishment and resettlement). Each sentence is divided into geographical distance (or for the state, or for the neighboring state, or for the distant state) and years.

(3) Civil economic and legal norms

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

In Song Dynasty, with the development of commodity economy, the concept of "paying equal attention to justice and interests" gradually replaced the concept of "paying more attention to justice than interests", and the civil legal relationship and legal system also changed. In the early Song Dynasty, the rulers paid attention to the protection of ownership, and stipulated: "Reclaiming land is a permanent business", "The landowner does not show up for five years, and the tenant is a permanent business". In the second year of Taizu Kaibao (AD 969)

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, "the people traded land every day, bought deed books and disputed the world." [47] This made the Song Dynasty have to make more provisions on the legislation of ownership than the previous generation in order to stabilize the economic order and maintain social stability. At the beginning of the Song Dynasty, it was the imperial edict: "Reclaiming land for ever." For tenants, they are all for business. [48] In the second year of Kaibao in Song Taizu (969), the system of seal deed (red deed) was established. Later, the tax contract system was improved. Private ownership is recognized and protected by law. Some people say that in the Song Dynasty, "the official regulations are the most detailed, but there are transactions (referring to real estate transactions)" [49]. This is not an exaggeration.

Ownership in Song Dynasty can be divided into movable property ownership (called property ownership in Song Dynasty) and immovable property ownership (called industrial ownership in Song Dynasty). The Criminal Code of the Song Dynasty clearly stipulated the ownership of movable property such as buried objects, lost cultural relics, drifting objects, ownerless objects and production interests. At the same time, the transfer of ownership of real estate (farmland houses) includes tenancy, pawn and mortgage.

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-it is said that they are funerary objects in the Song Dynasty. "The Gate of Stories in the Ground", Volume 27 of Miscellaneous Law, says: "Those who hide in other people's land and don't give them away should be returned to their owners." It also States: "Those who borrow from the official farmland mainly live with tenants. Those who are farmers and plowmen are divided with tenant farmers. Their private farmland houses are different. The borrower is not the owner and has not played his skill, so he does not score. "

It is worth mentioning: "It is also a crime to get antiques in different shapes and not give them to officials." This may be regarded as the ancient cultural relics protection law.

The second is the acquisition of lost property-"Song penalty system? The Miscellaneous Law calls Lan relics, and its volume 27, Story Gate in the Ground, stipulates: "Anyone who fails to deliver Lan relics to officials after five days shall be guilty of death and mourning." The handling of lost property has detailed provisions:

"All the relics were sent to nearby counties, those in the city were handed over to the Municipal Department, and those inspected by Jin Wu in Beijing were handed over to Jin Wuwei. Those who haven't been recognized by their owners for 30 days, they are still looking for them, and they are also listed in the village gate sutra. If you don't recognize it for a year, there is 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 and Miscellaneous Orders of the Tang Dynasty" Volume 27 "The Gate of Stories in the Ground" contains: "All public and private bamboo and wood were lost in Shui Piao, and those that can be picked up were put on the shore, advertised clearly, and applied for espionage by litigation. The full score of the master's knowledge and recognition is 5 points and 2 points, and the full score of the master's knowledge and recognition is 5 points 1 point. If there is no owner's approval, the income will be recognized within 30 days. " 。

The fourth is the possession of ownerless things-"Song penal system? The Law of Thieves and Thieves, Volume 20, The Gate of Trade and Official Affairs, says: "Everything in Shan Ye is strengthened, cut and stored, and those that are not used are regarded as thieves." "I want to discuss: Shan Ye's things are called herbs and stones, and some people have strengthened their skills, or mowed grass or piled it up. "From this perspective, it is the law to possess and obtain ownerless things first.

The fifth is the ownership of production interests-"Song and Punishment? "Famous Examples", Volume 4, "The owner of the stolen goods has no official, and there is no need to levy a door", said: "The production of interests is based on what should be produced, but there are benefits. If something is born in the canon, all the profits belong to future generations, and the rich man has no power, that is, there is nothing bred. Benefits are not limited to benefits, but incorporated into future generations. If the insider knows, the interest will be refunded. "

(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 so on. 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 recognized by the government before the transaction can be carried out. Volume 26 of the Miscellaneous Law, The Door of Receiving and Sending Property Expenses (public and private debts) stipulates: "Mortgaging and selling land and houses ... all get our documents and then listen to them." .

In order to put an end to disputes, the Song Dynasty also specially compiled a map of relevant land boundaries, and marked four names and the owner's name on each field. If there is a land dispute, it will be used as a cross-examination of the lease. History contains such a land boundary map: the registration of its location, land ownership, plot, shape, four addresses, owner's name, etc.

It is worth noting that there are some records of ownership in the Song Dynasty. In the Song Dynasty, Liu Kezhuang recorded the sale of bones in his Complete Works of Mr. Houcun. The so-called ground bone means "two masters in one place, dividing the land into two layers, the upper layer is called land (surface layer) and the lower layer is called ground bone (bottom root)." The Tang and Song Dynasties also showed the same ownership.

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, there were many legal provisions similar to the Napoleonic Code. What should the Song Dynasty make up about attachment? Article 3 of article 55 of "Foodstuffs" reads: "In the third year of Jingdezhen (1006), it was written in February: those who rent official houses, if they bring their own repairs ... those who live in them will listen to the demolition." "In other words, if they appoint officials to judge each other, they will listen." And "this year, such as Yuan's (original) land of wood, the year is fixed. No, take it and cut it, and the owner shall not take each. " [50] There is also: "If there are trees planted in it ... and evaluate the land and soil for sale, and invite people to buy it according to law. The price of wood should be given to families that have been inhabited again. If the lessee agrees to purchase, the land price line shall be paid. From it. "

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

On the issue of neighboring relations, the manuscript "Five Goods and Twenty-eight Articles" of Huiji in the Song Dynasty stipulates: "The buyer shall not obstruct those who enter and leave the official land. The house is also open. The new and old racks are narrow in width, tight in cities and villages, and moderate in measurement. The valuation must be fair and open, so as not to lose money. " And: "Those who live in the original road and see the land sold have special reservations."

2. Canon sales and prescriptions

(1) Canon sale. The classic sale in Song Dynasty is also called "live sale", that is, the transaction method of collecting part of the benefits by transferring the right to use the property and retaining the right of redemption. Because most people who sell farmland houses are poor, when they are unable to redeem them after the expiration, the rich get the ownership of farmland houses at a low price and suffer losses. Marriage door? The case of the ninth volume of Redemption, the owner's delay in entering the business, is quite representative. The book contains: "Yu Fa:' The owner will take the redemption before the business deadline, but the owner will pretend to delay the occupation, employee 100'. Zhao Duanben took photos and closed the case because of his age. At the same time, Zhao Duan lied about taxes and defrauded the lawsuit, which is treacherous.

(2) extinguishment and suspension of prescription. In the civil legal norms of the Song Dynasty, the issue of prescription has been stipulated in detail. The provisions on prescription acquisition can be found in the section on ownership acquisition. Here, the contents of the lapse of time are listed as follows:

Song Taizu Jianlong said in the third year (962): "If the pawn limit is exceeded and there is no paper deed after 30 years, it is beyond the theoretical redemption limit. Look at the tenant's next sale. " .

Later, in the thirteenth volume of the Family Marriage Law of the Song Dynasty, an essay by Tang Changqing on August 15, 2002 was quoted to modify the time limit for redemption: "After more than 20 years, it has exceeded the limit of reason." And "Do you want to compile manuscripts in the Song Dynasty?" "Twenty-three Foods" contains: "If it is not redeemed after fifteen years, the detailed life will be a little further today. If you want to beg for a ten-year limit, you won't be redeemed. From it. " Also, "Gong Mingshu sentenced Qingming Collection?" 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 a lawsuit is filed ten years after the will expires, it will not be accepted. "

As can be seen from the above materials, 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 in the Song Dynasty at the latest, there were similar provisions on the suspension of limitation of action in today's civil law. "Family Marriage Law", Volume XIII, "Dian Mai refers to the door of property dispute" says: "Those who have a reason and stay abroad should be excluded from the year."

It also stipulates: "If the time limit is exceeded, it is allowed to state the case one by one. If the lawsuit is difficult and time is delayed, the Constitution should be emphasized." [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. There are also provisions on mortgage and lien in Qingyuan clause. 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 tenancy system is one of the most important debt relations regulated by law at that time. In the early Song Dynasty, it was clearly stipulated that both parties should lease by contract. Tenants are registered in the household registration by the government, which is called "household registration by the whole people". During Renzong's reign, a decree was issued, and tenants had certain freedom of movement, "no need to talk about things with their masters". 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 debtors 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. On the legal provisions of the sales contract, both the Criminal Code of the Song Dynasty and the legal category of Qingyuan Article emphasize the "agreement" between the two parties. If the contract is signed against the will of the parties, it is necessary to "re-establish the constitution" and safeguard the parents' right to control the property, that is, "the property should be sold by the code or pledged in name."

(2) Sales contract. There are three kinds of sales contracts in Song Dynasty: absolute sales, live sales and credit sales. Absolute sales are general sales. "Live selling" in Song Dynasty is also called classic selling, that is, by transferring the right to use property, retaining the right of redemption and collecting part of the benefits. Because most of the farmland houses sold by the code are poor people, when they are unable to redeem them after the expiration, let the rich get the ownership of farmland houses at a low price and let themselves suffer. Use credit sales.

(3) lease contract. In the Song Dynasty, the lease of houses and houses was called "rent", "rent" or "cut". Renting people, livestock, horses and cars is called "mediocrity" and "employment". Take house leasing as an example, the laws of the Song Dynasty are very detailed. That is, the so-called "fake households rent houses, rent-free for five days, and sweeping (collecting rent) on the sixth day.

Tenancy activities were very common in the Song Dynasty. When signing a land lease contract, landlords and tenants must specify the terms of paying rent and paying taxes, or collect rent in proportion to the harvest (sharing rent), or implement fixed rent. Landlords must 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 October 1 day to1October 30 every year, and the government will recover it on his behalf.

(4) loan contract. The laws of the Song Dynasty followed the system of the Tang Dynasty and made a distinction between borrowing and lending. Borrowing refers to the use of loans, and lending refers to consumer lending. At that time, the use of loans without interest payment was called liabilities, and consumer loans with interest payment were called loans. It also stipulates that "(the lender) shall not return profits for this purpose" and shall not exploit usury beyond the prescribed limits, so as not to intensify social contradictions.

3. Marriage laws and regulations

Song law stipulates: "Men are fifteen years old and women are over thirteen years old, and they are allowed to get married." Those who violate the age of marriage are not allowed to get married. The Song Law prohibits the marriage of relatives within five clothes, but it does not prohibit the marriage of aunts, uncles and two brothers and sisters. In addition, the Song Criminal Law also stipulates: "County officials are not allowed to marry people under the command of * * *, and offenders are exempt from punishment.

In terms of divorce, the system of "seven exits" and "three no's" in Tang Dynasty is still implemented, but it has been modified. For example, the criminal law of the Song Dynasty stipulated that the husband would not return for three years, and the prospective wife would remarry or divorce after six years. But "the wife who left without permission has only been three years, so she remarried for three thousand miles and lost one concubine." When the husband dies, the wife "gives up."

4. Inheritance regulations

The laws of the Song Dynasty have great flexibility in inheritance. In addition to following the previous system of equal sharing of inheritance between brothers, women in the family are also allowed to enjoy partial inheritance rights. At the same time, it is recognized that posthumous children have the same inheritance rights as their own children. In the Southern Song Dynasty, the inheritance method of divorced families was stipulated. Divorced families mean that there is no man to inherit. Divorced families have two ways of inheritance. When the husband dies and the wife is here, it is called "inheritance". This is called "life inheritance". Stepsons and unmarried women have the right to inherit, but only unmarried women have the right to inherit three quarters of the property, and stepsons have the right to inherit one quarter. Only married women have the right to inherit one-third, stepsons have one-third, and the other one-third belongs to the government.

5. Prohibition of laws and regulations

The Song Dynasty was short of financial resources, and prohibiting monopoly was one of the important ways to obtain financial revenue. In the Song Dynasty, the scope of monopoly was expanded. Except for traditional salt, wine and tea, alum, iron and coal were all banned. Among the prohibition laws, salt law, tea law and wine law are the most important and complete. Salt Law is a law about cooking, trading and trafficking of salt. In the local area, there are various salt-producing areas and commercial ports specializing in salt. At that time, it was divided into official transportation, official sales, commercial transportation and commercial sales. The salt law stipulates that one or two people will be punished for smuggling salt. However, due to the high price of official salt, private sale is prohibited. The Liquor Law is a law on the brewing, taxation and monopoly of liquor. Song dynasty called the monopoly of wine "monopoly"

(B) the characteristics of the litigation trial system

1. In the Song Dynasty, the emperor decided the case himself. When Hui Zong was in Huizong, imperial edicts were often used to judge crimes and "confuse old chapters". Those who don't carry out the imperial edict will be regarded as "disrespectful" and punished. Most of such judgments are illegal, let alone allowing complaints.

2. Pay attention to evidence and on-site inspection. There is a system of "investigating differences and differences" for heavy confessions. Because the prisoner withdraws his confession and the circumstances are serious, it is generally tried by a judge, which is called "not pushing"; If it is tried by the judiciary, it is called "moving away". Officials have special inspectors and detailed inspection formats. The Southern Song Dynasty also promulgated an inquest checklist, which attached importance to the investigation and evidence collection of the crime scene, and 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 are clear regulations on civil litigation in Song Dynasty, which is called "statute of limitations". For criminal cases, different time limits are set according to the nature and severity of the case, which plays a positive role in preventing the accumulation of cases and giving full play to judicial functions.

(C) the characteristics of the trial supervision system

In the Song Dynasty, in addition to the supervision between judicial institutions, a relatively complete trial supervision system was set up. In the central government, the judicial function of Yushitai has been expanded. During the reign of Emperor Taizong, Yushitai was ordered to try major local 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 case management system" and "referral court" are specially stipulated to rehabilitate unjust and misjudged cases.