明代刑部尚书研究
发布时间：2018-08-18 13:59
【摘要】：有明一代可谓中国古代又一个承上启下的时期,从元末乱世中诞生的明王朝一开始就给人以耳目一新的感觉。朱元璋鉴于过往宰相权倾朝野致使皇权旁落的现象时有发生,故借胡惟庸谋反案废除中书省权分六部,意在一劳永逸的解决皇权与相权的矛盾,虽未得偿所愿但也为后世所沿袭。在制度建设上,朱元璋将元朝灭亡的主要原因归咎于吏治的腐败,从立国之初就迅速颁行大明律和大诰,健全其他各种法令法规和制度,将惩治腐败整肃吏治的希望寄托于严刑峻法之上,试图通过调整统治集团内部秩序的方式达到维护统治的目的。在这一背景下,总揽中央最高司法审判权的刑部尚书可以说是责任重大。较唐代而言,现有对明代司法制度的研究成果主要集中在法律典籍和具体制度上,对司法官员群体的研究则较少。本文试图填补过往研究中的空白,在对刑部尚书的制度渊源和机构设置进行介绍后,侧重于从历任刑部尚书的籍贯、出身和任期着手,探究其中存在的特殊现象并分析其形成的原因,最后以刑部尚书负责审理的案件为切入点,意在通过一个荒诞的案件审理过程表明:在一个缺少对皇权进行有效限制的官僚运行体制中,刑部终究只能是强大皇权的附属品,刑部尚书也只不过是皇帝的应声虫而已,在自身安危都难以得到保障的情况下,司法机关是很难维持形式意义上的法制的。
[Abstract]:The Ming Dynasty is another period of ancient China. The Ming Dynasty, born from the turbulent era in the end of Yuan Dynasty, gave people a fresh feeling from the beginning. In view of the fact that in the past, the power of the prime minister was inclined to the government and the opposition caused the fall of the imperial power from time to time, the abolition of the power of the province in the Hu Weiyong rebellion case was divided into six parts, in order to solve the contradiction between the imperial power and the power of the emperor once and for all. Though he did not get what he wanted, it was inherited by later generations. In the system construction, Zhu Yuanzhang attributed the main reason of the Yuan Dynasty's demise to the corruption of the official administration. From the beginning of the founding of the country, the Great Ming Law and the Great Letters Patent were issued quickly, and other kinds of laws and regulations and systems were perfected. The hope of punishing corruption and purging officials rests on the severe punishment and law, and attempts to maintain the rule by adjusting the internal order of the ruling group. In this context, the book of the Ministry of Criminal Justice, which takes over the highest judicial power of the central government, can be said to be of great responsibility. Compared with the Tang Dynasty, the existing research on the judicial system of the Ming Dynasty is mainly focused on the legal records and specific systems, but the research on the group of judicial officials is less. This paper attempts to fill in the gaps in the previous studies. After introducing the institutional origin and institutional setup of the Shang Shu of the Ministry of torture, this paper focuses on the origin, origin and tenure of the previous Shang Shu of the Ministry of torture. Explore the existence of the special phenomenon and analyze the causes of its formation, finally, the Ministry of torture is responsible for the trial of the case as a starting point, Through an absurd trial process, it is intended to show that in a bureaucratic operating system that lacks effective restrictions on imperial power, the Ministry of torture can only be an appendage to powerful imperial power, and the book of the Ministry of punishment is only a voice worm of the emperor. It is difficult for the judiciary to maintain the legal system in the formal sense when it is difficult to ensure its own safety.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D929
本文编号：2189685
[Abstract]:The Ming Dynasty is another period of ancient China. The Ming Dynasty, born from the turbulent era in the end of Yuan Dynasty, gave people a fresh feeling from the beginning. In view of the fact that in the past, the power of the prime minister was inclined to the government and the opposition caused the fall of the imperial power from time to time, the abolition of the power of the province in the Hu Weiyong rebellion case was divided into six parts, in order to solve the contradiction between the imperial power and the power of the emperor once and for all. Though he did not get what he wanted, it was inherited by later generations. In the system construction, Zhu Yuanzhang attributed the main reason of the Yuan Dynasty's demise to the corruption of the official administration. From the beginning of the founding of the country, the Great Ming Law and the Great Letters Patent were issued quickly, and other kinds of laws and regulations and systems were perfected. The hope of punishing corruption and purging officials rests on the severe punishment and law, and attempts to maintain the rule by adjusting the internal order of the ruling group. In this context, the book of the Ministry of Criminal Justice, which takes over the highest judicial power of the central government, can be said to be of great responsibility. Compared with the Tang Dynasty, the existing research on the judicial system of the Ming Dynasty is mainly focused on the legal records and specific systems, but the research on the group of judicial officials is less. This paper attempts to fill in the gaps in the previous studies. After introducing the institutional origin and institutional setup of the Shang Shu of the Ministry of torture, this paper focuses on the origin, origin and tenure of the previous Shang Shu of the Ministry of torture. Explore the existence of the special phenomenon and analyze the causes of its formation, finally, the Ministry of torture is responsible for the trial of the case as a starting point, Through an absurd trial process, it is intended to show that in a bureaucratic operating system that lacks effective restrictions on imperial power, the Ministry of torture can only be an appendage to powerful imperial power, and the book of the Ministry of punishment is only a voice worm of the emperor. It is difficult for the judiciary to maintain the legal system in the formal sense when it is difficult to ensure its own safety.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D929
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