| Abstract |
In 1029, Liu Yi-Jian, the prime minister, was called to legislate for Tiansheng Statutes, the first administrative law of North Song Dynasty. The Song judicial system was inherited from the Tang Dynasty and remained most of the parts of “Arrest and Flight Code” and “Arrest and Flight Statutes” in order to regulate the legal relationship between arrester and escapee. This article focuses on the Tiansheng Statutes and coordinates the criminal law, The Criminal Law of Song Dynasty (the Song Xingtong), to analyze the system of arrest and flight. The legal matters between arrester and escapee are involved in the analysis. In addition, as for the practical operation of law, different document of legal cases are applied to investigate the situation between arrester and escapee during arrest and to analyze the issue of how local officials deal with practical cases. To the maintenance of national security and social order of Song Dynasty, these issues are historically meaningful. Analyzing the system of local officials capturing criminals from the viewpoint of legal history, assaying related historical materials, and researching cases can indicate that the way Song government formulates laws is diversified for the various elements of era, society, economics, and politics. It also demonstrates Song Dynasty’s characteristics of law-legislation and different levels of implement. |
