The History of Chinese Legal Civilization by Jinfan Zhang

Author:Jinfan Zhang
Language: eng
Format: epub
ISBN: 9789811010293
Publisher: Springer Singapore

8.2 The Administrative Law for Strengthening the Centralization of Authority

In accordance with the basic national policy of strengthening the autocratic centralization system, a huge bureaucratic organization was set up in the Song Dynasty, and the administrative system was started to be reformed. In order to confirm the new administrative system and to maintain the mutual relationship and effective operation of the state organs, many administrative laws were made and normalized. Apart from the comprehensive administrative laws in the twenty two categories of “Zhi Zhi Lv” (Statutes on the State Office System) included in Song Xing Tong (The Penal Code of Song Dynasty), corresponding administrative laws and regulations were also made on the organization and management of administrative institutions, the selection of officials through “Ke Ju” (the imperial examination), the assessment of officials, officials’ ranks and salaries, supervisory affairs, etc. Especially in Qing Yuan Tiao Fa Shi Lei (The Legal Provisions and Cases Made in the Year of Qingyuan), which was compiled and revised by Xie Shenfu in the Southern Song Dynasty, “Chi” (instruction), “Ling” (decree), “Ge” (injunction), and “Shi” (standard) were collected, and the illustrations attached to imperial decrees, issued for sixty years from the early years of the Southern Song Dynasty to the years of Qingyuan, were added. Besides, a two-volume appendix titled Kai Xi Chong Xiu Shang Shu Li Bu Shi Lang You Xuan Ge (The Revised Injunction for the Election of Ministers and Deputy Ministers of the Department of Personnel in Kaixi Period), which was a part of Kai Xi Chong Xiu Qi Si Fa (The Newly Revised Law for Seven Bureaus in Kaixi Period), enacted in March of the 2nd year of Kaixi (1206 A.D.), was included. Therefore, a large number of materials on administrative law were included in Qing Yuan Tiao Fa Shi Lei (The Legal Provisions and Cases Made in the Year of Qingyuan). So from the two categories of Qing Yuan Tiao Fa Shi Lei (The Legal Provisions and Cases Made in the Year of Qingyuan), namely, “Zhi Zhi” (Statutes on the State Office System) and “Wen Shu” (Official Documents), it can be seen that this law did cover a large scope of subject matter.

For example, in the category of “Zhi Zhi” (Statutes on the State Office System), the following contents are included: the duties of officials, presenting oneself before the emperor, presenting memorials to the emperor, the appeals of the ministers, imperial inspectors delaying time, appointing and removing officials from their offices, the examinations for selecting officials, the assessment of officials, filling out official forms, official missions, taking official posts, imperial selection of officials, staying at home and waiting for appointment, prison, inspection tour made by inspectors, inspectors’ informing against others, the inspection tours of “Xun Wei” (an official just below the magistrate of county), inspecting pickets, discussing and commenting on public affairs, determining the scales of architecture, revealing information in transmission, officials’ relatives being suspected for committing crimes, exchanging official positions, dismissing and appointing officials in local governments, being dismissed from

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