海瑞职官法律思想与实践研究

发布时间：2018-01-30 16:27

本文关键词： 海瑞职官思想职官实践　出处：《海南大学》2012年硕士论文　论文类型：学位论文

【摘要】：目前对于海瑞法律思想的研究有很多,对于海瑞整顿职官的法律思想的研究也有一些,但是都比较片面、浅显或是宽泛。本文从行政法的角度系统的对海瑞关于职官的选拔和任命、职官的工作原则和方法以及对职官的考核方面进行研究,这对于当今中国公务员的选拔和官员的考核也有重要的借鉴意义。本文共分为五个部分,第一部分分析了海瑞对于职官的选拔和任命的思想,称职官吏应当具备清廉、勤劳、谨慎和节俭等基本素质,要达到这样的基本素质,对后备职官的教育就很重要。第二部分海瑞提出了各级职官在工作中必须遵循的工作原则和方法,职官在工作中不仅要重视“礼”的作用,以“礼”治理天下,还必须重视法律的作用,严格依法办事,强调要礼法结合,同时还要将百姓的利益放在心上,以民为本。第三部分主要介绍了对于职官的管理与考核,对于官吏的管理和考核专门制定了相关制度,对于违法犯罪官吏的惩罚必须严厉。第四部分通过对海瑞为官期间推行教育、保障百姓利益、秉公执法和公正司法等的实践活动的分析,可以看出海瑞知行合一的品质。第五部分是对海瑞为官的法律思想与实践的评价,认为海瑞的为官思想虽然有一定的局限性,但是他的为官实践在当时也产生了积极效果,而且对于当今公务员的选拔和考核也具有借鉴意义。
[Abstract]:At present, there are a lot of research on Hairui's legal thought, and there are some researches on Hairui's legal thought of rectifying the official, but all of them are relatively one-sided. From the perspective of administrative law, this paper systematically studies Hai Rui on the selection and appointment of official, the working principles and methods of the official and the assessment of the official. This is also important for the selection of Chinese civil servants and the assessment of officials. This article is divided into five parts, the first part of the analysis of Hai Rui for the selection and appointment of officials, competent officials should have clean, industrious, prudent and frugal and other basic qualities, to achieve such a basic quality. The education of reserve officers is very important. In the second part, Hai Rui puts forward the working principles and methods that must be followed in the work of all levels of government officials. In their work, they should not only attach importance to the role of "propriety", but also attach importance to the role of law in governing the world with "courtesy". Strictly according to the law, emphasizing the combination of etiquette and law, but also the interests of the people in mind, people-oriented. The third part mainly introduces the management and assessment of the official, the management and assessment of the official specially formulated the relevant system, and the punishment of the official must be severe. In 4th, through the analysis of the practical activities such as carrying out education, protecting the interests of the people, enforcing the law impartially and just judicature during the period of Hai Rui as an official, we can see the quality of the unity of knowledge and action. The 5th part is an evaluation of Hai Rui's legal thought and practice, and thinks that the thought of Hai Rui as an official has some limitations, but his practice of serving as an official also had a positive effect at that time. And the selection and assessment of today's civil servants also have reference significance.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D909.2

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