清代官吏私借官民资财罪责初探

发布时间：2018-03-01 02:11

本文关键词： 清代私借官民资财罪责　出处：《苏州大学》2009年硕士论文　论文类型：学位论文

【摘要】： 中国古代严厉追究官吏私借官民资财的罪责,在唐代之前无独立罪名,对这类行为的惩罚是用一般赃罪的规定进行规范,直到《唐律疏议》中才出现了独立的罪名,并用比较规范的法律术语表达。经过后来的发展,至清代此类规定达到最完备的状态,本文分四个部分考察《大清律例》中追究官吏私借官民资财罪责的规定,希望对现行法律惩戒国家工作人员私借国有资财的行为有所启示。第一部分,阐述清代前官吏私借官民资财罪责之沿革。官吏私借官民资产的行为同于赃罪。唐之前无独立罪名规范官吏私借行为,至唐出现独立罪名规范私借行为;第二部分,阐述清代相关立法优于前代。比较了清代相关规定优于明代和唐代。其次从清初社会现状、对明朝法律的继承、满洲族的民族特点等方面论述了清代此规定完备的原因;第三部分,阐述清代相关立法与现代西方的规定在罪名的规定及惩罚方面有暗合之处;第四部分,清代立法对当代的启示。我国现行刑法在规定国家工作人员私借国家资产方面仅在挪用公款罪和挪用救灾、抢险、防汛、优抚、扶贫、移民、救济款物等作出规定,对挪用其他国家资产无规定。清代惩戒官吏私借官民资财的规定在罪名设置和严惩方面给我们以启示。
[Abstract]:In ancient China, officials were severely investigated for the crime of borrowing money from officials and people, and there were no independent charges before the Tang Dynasty. The punishment for such acts was regulated by the provisions of the general crime of stolen goods, and it was not until the "Tang Law sparsely discussed" that the independent charges appeared. After the later development, such provisions reached the most complete state in the Qing Dynasty. This paper examines the provisions of investigating the criminal responsibility of officials for borrowing money from officials and people in four parts in the Qing Dynasty. The author hopes to enlighten the current law to punish the state functionary's private borrowing of state assets. In the first part, the author expounds the evolution of the criminal responsibility of government officials for borrowing money from officials and people before the Qing Dynasty. The behavior of officials borrowing assets from officials to the people is the same as the crime of stolen goods. Before the Tang Dynasty, there were no independent charges to regulate the private borrowing of officials, and until the Tang Dynasty, there were independent charges to regulate private borrowing. The second part expounds that the relevant legislation of Qing Dynasty is superior to that of the previous dynasties. It compares the relevant provisions of the Qing Dynasty with those of the Ming Dynasty and the Tang Dynasty. Secondly, it inherits the laws of the Ming Dynasty from the current social situation in the early Qing Dynasty. Manchuria ethnic characteristics and other aspects of the Qing Dynasty discussed the reasons for the completion of this provision; the third part, the relevant legislation of the Qing Dynasty and modern western provisions in the provisions of the crime and punishment has a hidden place; part 4th, The enlightenment of the legislation of the Qing Dynasty to the contemporary era. The current criminal law of our country stipulates that state functionaries should only provide for the crime of misappropriating public funds and misappropriating disaster relief, emergency relief, flood control, preferential care, poverty alleviation, immigration, relief funds, etc. There is no provision for misappropriating the assets of other countries.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D924.3;D929

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