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南朝监察权的行使研究

发布时间:2018-08-08 14:02
【摘要】:监察权的行使是监察制度运行之重要环节,草撰本文,意在对南朝监察权之行使进行粗浅但较为全面的描绘。监察自古以来都是政治制度中必不可缺的重要组成部分,是调整国家机制、使之得以正常运作的平衡器。南朝四国政权更迭频繁,但都存在着一个共性,那就是历代统治者尽皆重视监察,然而即便这样,也没有挽救四朝短命的局面,在这种悖论之下,探索南朝监察权之具体行使以及行使效果如何,就显得十分重要。监察机构是监察权行使之主体。从整体上说,南朝监察机构大致沿袭魏晋,但较之前朝又有些许变化。该时期监察机构由中央和地方两大体系构成,中央设有御史台及尚书左丞,地方一级则在州、郡、县分设刺史、督邮、廷掾,又特设典签以监督刺史。总体而言,中央监察官员的品级在四朝略有提高:如御史中丞品级在陈代上升至第三品,而尚书左丞则在梁陈二朝晋升至第四品。御史台内属官在四朝基本不变,稍加变革的是侍御史的人数以及治书侍御史一职,治书侍御史在宋齐二朝权责稍轻,至梁则又加重。至于地方,到了中后期,已经不设督邮、典签二职。南朝监察权的内容较为丰富,而纵观监察官之监察权,其核心仍集中于对官吏的纠劾权之上。除此之外,中央一级御史中丞还享有对案件的复核权,尚书左丞则可对时下的律令奏请修改;地方一级各监察官的监察权也各有特色,比如典签享有对诸王、刺史的监督权以及对其政务的评判权,各州刺史需严课农桑、监察经济,督邮则对所属县令审判之案享有复审、察劾权。在监察权的具体行使上,南朝不同监察官所采取的方式往往也不同。除去直接纠劾以外,御史台还可以通过风闻言事的方式来进行监察,尚书左丞在监察时主要侧重于文书,大都通过审核上报的奏章来进行监察。地方监察官员中,典签对诸王刺史的监管则通过秘密奏报的形式回复给皇帝,从而带有一定的神秘性质。另外,南朝诸国都频繁地遣使出巡,以此作为中央对地方进行不定期监察的重要方式,从而加强了中央对地方的监管。尽管南朝诸国都十分重视监察,甚至采取了一系列措施来保证监察权的行使,但是说到底,监察作为维护皇权的重要工具,依然摆脱不了皇权的桎桔。可以说南朝监察权行使效果之好坏,与皇帝本人有着非常大的关联:其权力由皇帝赋予,结果由皇帝一人裁决。正因为如此,该时期仍然有许多不法之吏得到皇权的庇佑,从而导致监察权在具体行使过程中,依旧艰难竭蹶。
[Abstract]:The exercise of supervisory power is an important link in the operation of supervisory system. Supervision has been an indispensable part of the political system since ancient times. The regimes of the four countries of the Southern Dynasty changed frequently, but there was a common feature, that is, the rulers of all dynasties attached great importance to supervision, but even so, they did not save the short-lived situation of the four dynasties. Under this paradox, It is very important to explore the specific exercise and effect of the supervisory power in the Southern Dynasty. Supervisory organization is the main body of exercising supervisory power. On the whole, the Southern Dynasty's supervisory institutions followed the Wei and Jin dynasties, but there were some changes from the previous dynasties. In this period, the supervisory organization was composed of two major systems: the central government and the local authorities. The central authorities set up the imperial court and the Shang Shu Zuocheng. At the local level, the state, county, and county set up the history of the thorn, supervising the post, the court and the puise, and the special code was signed to supervise the history of the thorn. In general, the rank of the central supervisory official increased slightly in the four dynasties: for example, the rank of imperial official rose to the third grade in Chen Dynasty, while the Shang Shu Zuo Premier was promoted to the fourth grade in the Liang and Chen dynasties. In the four dynasties, the subordinate officials in the imperial court basically did not change. What changed a little was the number of people who served the imperial history and the post of ruling the imperial history. The power and responsibility of governing the imperial history were slightly light in Song and Qi dynasties, and then increased to Liang. As for the local, in the middle and later period, there is no post, sign two posts. The supervisory power of the Southern Dynasty is rich, but the core of the supervisory power is still concentrated on the impeachment power of the officials. In addition, at the central level, Kushizhongcheng also enjoys the right to review the case, while the Shang Shu Zuo Prime Minister can request amendments to the current decrees. The supervisory powers of the local supervisory officers also have their own characteristics, such as the fact that the imperial autographs enjoy the rights of the kings. The power to supervise the history of thorn and the right to judge its government affairs, the state history of thorns should be strict to the agricultural mulberry, supervise the economy, and the governor has the right to review and impeach the case of the county order trial. In the specific exercise of supervisory power, different Southern Dynasty inspectors often adopt different ways. In addition to directly correcting impeachment, the imperial court can also conduct supervision through the way of word and story. Shang Shu Zuocheng mainly focuses on documents when he supervises, mostly by examining and approving the seal of the report. Among the local supervisory officials, the canon's supervision of the history of the kings'thorns was returned to the emperor through the form of secret papers, thus having a certain mysterious nature. In addition, all the countries of the Southern Dynasty frequently sent out missions, as an important way for the central government to supervise the localities on an irregular basis, thus strengthening the supervision of the central authorities over the localities. Although all the countries of the Southern Dynasty attach great importance to supervision and even take a series of measures to ensure the exercise of supervisory power, in the end, as an important tool to safeguard imperial power, supervision is still unable to get rid of the imperial power. It can be said that the effect of the exercise of the supervisory power in the Southern Dynasty has a great relationship with the emperor himself: the power is conferred by the emperor and the result is decided by the emperor alone. Because of this, there are still many lawless officials protected by imperial power in this period, thus leading to the exercise of supervisory power in the specific process, still struggling.
【学位授予单位】:南京师范大学
【学位级别】:硕士
【学位授予年份】:2016
【分类号】:D691.49

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1 戴咏灵;南朝监察权的行使研究[D];南京师范大学;2016年



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