明《宪纲》初探

发布时间：2018-09-18 15:08

【摘要】： 《宪纲》作为明代最重要监察法,长期不为人知,亦无专门研究,以至于在名称、篇幅、内容甚至这部法律是否存在等方面,学界众说纷纭、莫衷一是。本文利用收集到的《宪纲》原文,从四个方面进行了研究。一是《宪纲》的立法过程。·在明代立国之前,朱元璋尚称吴王时,就下令制订这部法律,洪武四年颁行。之后由于监察官员往往随意增补,因此宣宗时期作了重新修订,英宗正统四年颁布施行。二是《宪纲》的名称和篇幅。当前明史研究中,《宪纲》的名称和篇幅有多种说法,本文均一一加以考订,指出上述说法的错误之处。三是《宪纲》的主要内容。从监察官员的纠劾、出巡、问刑、文书监察、选用,以及监察官员行使职权的保障与约束等六个方面分析了《宪纲》的内容。四是《宪纲》的意义和启示,本文认为《宪纲》是我国古代集大成的监察法,以其为代表的明代监察制度成为大明王朝得以延续近三百年的重要基础,并且使监察官员的良好形象深入民间。在《宪纲》的保障和约束下,明代监察官员直言极谏的精神和戴着镣铐的监督,对于今天完善监察制度都具有非常深刻的启示。作为第一篇专门研究《宪纲》的文章,本文在许多地方还需要在今后进一步完善,最主要的是三十四条条文的演化过程和执行效果有待深入考订。考订是吃力的,但却是研究《宪纲》乃至明代监察制度的基础性工作,而这些工作尚待更多的同志参与。
[Abstract]:As the most important supervisory law of the Ming Dynasty, the constitutional outline has not been known for a long time and has not been specially studied. Therefore, there are different opinions on the name, length, content and even the existence of the law. This paper makes use of the collected original text of the Constitution to study it from four aspects. The first was the legislative process of the Constitution. Before the Ming Dynasty, Zhu Yuanzhang was still known as King Wu, and ordered the enactment of this law, which was enacted by Hongwu for four years. Then, as the censors were often randomly added, the Xuan Zong period was revised, and the English orthodoxy was promulgated for four years. The second is the name and length of the Constitution. In the study of the history of Ming Dynasty, the title and length of the Constitution have been studied in this paper, pointing out the mistakes of the above statements. Third, the main contents of the Constitution. This paper analyzes the contents of "Constitutional outline" from six aspects: impeachment, inspection, interrogation, document supervision, selection, as well as the guarantee and restriction of the exercise of functions and powers of supervisory officials. The fourth is the significance and enlightenment of the "constitutional outline". This paper holds that the "constitutional outline" is the law of supervision in ancient China, and the supervision system in Ming Dynasty, represented by it, has become an important foundation for the continuation of the Daming dynasty for nearly 300 years. And make the good image of the supervisor go deep into the people. Under the guarantee and restriction of "the Constitution", the spirit of direct admonition and the manacled supervision of the supervisory officials in the Ming Dynasty have profound enlightenment to the perfection of the supervision system today. As the first article devoted to the study of the Constitution, this paper needs to be further improved in many places in the future. The most important thing is that the evolution process and implementation effect of the 34 articles need to be further studied. Examination is hard work, but it is the basic work of studying the "constitution" and even the supervision system of Ming Dynasty, which needs more comrades to participate.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D929;K248

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