关键词: 宋代, 刑部建制, 制度史

Abstract: The system of Ministry of Justice (Xingbu) in Song Dynasty inherited from Sui and Tang Dynasties. During Song Dynasty, the functional changes of the Ministry could be divided into two stages:in the early Northern Song Dynasty, the power of the Ministry was deprived by the Punishment Reviewing Office (Shenxinyuan) and the Bureau of Judicial Investigation for the Capital (Jiuchazaijingxingyusi), though the Minstry was not a hollowed out shell as its judicial power to exonerate death row inmates and its duties such as reemploying officers according to the order of pardon remained. Among the four central judicial institutions, the Ministry was responsible for reviewing death penalty; meantime, the Court of Judicial Review (Dalisi) was the highest judicial organization, the Punishment Reviewing Office reviewed the case after the judgement of the Court of Judicial Review, and the Censorate (Yushitai) was the highest judicial supervisory organization. In the 5th year of Yuanfeng, the newly bureaucratic system was promulgated, which indicated the strengthen of the Emperor centred centralization in legal political area in Song Dynasty. The system stipulated the Minister (Shangshu), Vice Minister (Shilang), the Directors (Langzhong) and Vice Directors (Yuanwailang) of the Bureau of Punishments (Xingbusi), the Criminal Administration Bureau (Duguansi), the Bureau of Review (Bibusi) and the Transit Authorization Bureau (Simensi) which were belonged to the Ministry of Justice reinstated their former responsibilities dealing with criminal laws, lawsuits, reporting inextricable cases, absolution and remission, and reemploying officers. After the restructuring, the Court of Judicial Review and the Ministry of Justice were the only two central judicial institutions while the Censorate remained a supervisory organization. Every submitting case should be judged by the Court of Judicial Review, discussed by the Ministry of Justice, presented to the State Councilor (Zaizhi), and decided by the Emperor, which established a criminal trial system of the Song Dynasty.

Key words: Song Dynasty, the system of Ministry of Justice, institutional history