Formation of the Special Law in the Song Dynasty and Its Relationship with the Code Pedigree in the Tang Dynasty

Abstract

The large-scale special law sources in the Song Dynasty were diverse, and the special law in Tang Shi and Tang Liusi Ge opened the source of Song special laws. In addition to inheriting and drawing on special laws from the Tang and the Five Dynasties, the Song Dynasty also independently enacted a series of special laws in accordance with its own governance needs. Special laws were compiled from the emperor’s order, and their effectiveness rank was no longer lower than Ling like in the Tang Shi. In the seventh year of Yuanfeng reign, the code was reformed and was divided into four types: Chi, Ling, Ge, and Shi. Besides general laws, special laws could also be divided into different types: Chi, Ling, Ge, and Shi. In the construction of the new legal system, the special code pedigree of the Tang Ling was absorbed and inherited by the Song Ling. At this point, the new legal system and the dual structure of common laws and special laws in the Song Dynasty were formally formed.

Keywords

legal system of the Song Dynasty / special law / common law / code pedigree in the Tang Dynasty

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