中华历史反腐立法的比较与启示——以唐代与明代为例

发布时间：2018-03-27 21:57

  本文选题：唐明　切入点：立法特点　出处：《知与行》2016年12期

【摘要】：我国历代封建王朝为了维护封建统治和稳定社会秩序,对官员自身及其施政过程进行了严格的监督,并逐渐形成了一系列较为完整的惩治贪污腐败的立法制度。唐明是我国古代历史上两个非常重要的朝代,王朝的更迭、经济的繁荣和秩序的稳定容易滋生腐败,也会导致国家重视反腐。因此,两朝的反腐立法制度也异常完整和典型。唐代的反腐立法以《唐律疏议》为代表,内容完善,并且宽严适中。明代的反腐立法以《大明律》和《大诰》为代表,辅之各种行政和监察手段,体现重刑反腐。立法特点中,唐代讲究"法密不严"、官德教化和权力制约,而明代却主张"重典治吏"、大兴监察。在对唐明立法进行比较时主要从君主个人经历、法律文本规定、考课监察办法、官员待遇地位四个方面进行,并得出反腐要宽严适中、吏治要提高官员待遇以及唐明反腐具有阶级局限性的结论。以史为鉴,当下中国反腐可以从加大反腐范围、抓住关键少数、建立配套机制、加强廉政教育和提高薪资待遇等六个方面吸收借鉴,渐次推行。
[Abstract]:In order to maintain feudal rule and stabilize social order, successive feudal dynasties in China carried out strict supervision over the officials themselves and their administrative process. And gradually formed a series of relatively complete legislation system to punish corruption. Tang Ming is two very important dynasties in the ancient history of our country. The change of dynasty, the prosperity of economy and the stability of order can easily breed corruption. Therefore, the anti-corruption legislation of the two dynasties is also extremely complete and typical. The anti-corruption legislation of the Tang Dynasty is represented by the Tang Law, which is perfect in content. The anti-corruption legislation of the Ming Dynasty was represented by "Da Ming Law" and "Da Letters Patent", supplemented by various administrative and supervisory means, which reflected the heavy punishment and anti-corruption. In the legislative features, the Tang Dynasty paid attention to "the law is not strict", the official morality was educated, and the power was restricted. In the Ming Dynasty, however, it was advocated that "the officials should be treated seriously," and Daxing was supervised. When comparing the legislation of the Tang and Ming dynasties, it was mainly carried out from four aspects: the monarch's personal experience, the legal texts, the supervisory methods of the examination course, the status of the officials' treatment, and the conclusion that anti-corruption should be lenient, strict and moderate. Officials should improve the treatment of officials and the conclusion that anti-corruption in Tang and Ming dynasties has class limitations. Taking history as a mirror, China's anti-corruption efforts can now be carried out by increasing the scope of anti-corruption, grasping the key few, and establishing a supporting mechanism. Strengthen clean government education and raise salary treatment to absorb and draw lessons from, carry out step by step.
【作者单位】： 苏州大学王健法学院;
【分类号】：D929
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本文编号：1673400