明代官吏赃罪处罚原则及其启示

发布时间：2018-04-18 11:30

本文选题：明代 + 官吏赃罪　；参考：《甘肃社会科学》2017年03期

【摘要】：在中国古代,官吏赃罪主要指贪污和受贿。明代官吏赃罪的处罚原则,包括重典原则、计赃论罪、枉法赃重于不枉法赃、有禄人犯赃重于无禄人犯赃、风宪官犯赃加重处罚、并处永不叙用等。除强调赃数多寡外,亦注重犯罪性质、犯罪主体、危害程度等方面的不同,量刑较为合理。明初贯彻了上述处罚原则,其时立法周密,执法也严,吏治相对清明。明中后期,法纪松弛,吏治日趋败坏。考察明代官吏赃罪处罚原则的名与实,可获得有益的启示,为完善现今相关法制提供借鉴。
[Abstract]:In ancient China, official crime mainly refers to corruption and bribery.The principle of punishment for the crime of official spoils in Ming Dynasty, including the principle of serious code, the crime of counting stolen goods, perverting the law more seriously than not perverting the law, committing stolen goods more seriously than the stolen goods of no salary, imposing heavier penalties on the stolen goods committed by the officials of the constitution, and never sharing the law, and so on.In addition to emphasizing the number of stolen goods, but also pay attention to the nature of the crime, the subject of crime, harm degree and so on, sentencing is more reasonable.At the beginning of Ming Dynasty, the above punishment principle was carried out. At that time, the legislation was thorough, the law enforcement was strict, and the administration of officials was relative to Pure Brightness.In the middle and late Ming Dynasty, the law and discipline were lax, and the official administration was deteriorating day by day.Investigating the name and reality of the principle of penalty for official crime of stolen goods in Ming Dynasty, we can obtain useful enlightenment and provide reference for perfecting the relevant legal system.
【作者单位】：北京联合大学应用文理学院;
【分类号】：D929;K248

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