唐代官吏惩治研究

发布时间：2018-03-16 11:19

本文选题：唐代　切入点：官吏　出处：《厦门大学》2004年博士论文　论文类型：学位论文

【摘要】：官吏制度是中国古代政治制度的重要组成部分，对官吏的任免是其不可或缺的内容。然而长期以来，人们对官吏的选任极其关注，，对其对立面即官吏的整肃机制却所论甚少。对官吏的惩治是整肃机制的重要内容。由于时间、精力和学识有限，笔者拟只对唐代官吏的惩治问题进行探讨。笔者利用大量唐代典籍资料，立足于官吏的惩治实践而不仅仅是条文规定，较系统地论述了唐代官吏的惩治问题，在一些学者没有或较少注意的方面做了深入研究。唐代官吏受到惩治的原因有很多方面，主要是：职务不修、违反礼法、人事关系、连坐等。职务原因方面，已有成果多着墨于赃罪，对选荐不当、军事失利、稽缓、其它失职、公事连坐等几种失职行为少有涉及；违礼受惩人们多关注的是逾制和不孝，笔者将与个人家庭生活密切相关的礼仪定义为私礼，其它与为官关系比较密切的则命名为公礼，增列了丧礼不敬、饮食失礼、朝班不肃、家庭不睦、残忍不道、奸淫乱伦等几种情况；人们对官吏因得罪皇帝、权臣而受惩罚的现象司空见惯，笔者对其进行了归类分析；官吏还因和同僚忿争、结交受限人员或者自身性格缺陷而受惩治，这些方面学者们注意相对不足；将连坐细分为受亲戚、朋友或者朋党、座主或者举主牵连等几种情况。唐代惩治官吏的方式为行政处罚、刑事处罚、物质处罚、精神处罚。笔者分别对贬官、流刑、经济惩罚、立恶谥、复本姓或改恶姓名作了重点介绍，补充了量移的原因、量移前后期的变化、削阶的影响、杖死的特点、罚俸之外的其他物质处罚方式及精神处罚方式，并对各种惩治方式的轻重进行了比较，对实施中的利弊得失进行了分析。笔者探讨了影响唐代官吏受惩的诸因素与官吏惩治的效果。考课、监察、司法、劝谏、特权、赦宥制度、皇帝意志及官吏本人或者他人一些因素都对官吏的惩治造成了影响。官吏受到惩治的原因直接影响惩治效果。无罪受罚或者罚不当罪会产生消极作用，但被错罚的官吏如果素质高，反而会对地方的发展产生积极影响。对于前人的一些提法，笔者也提出了自己的看法，如认为察事厅子是人而不是宦官所设的机构;降职和外迁不是贬官的规则;不得擅离贬迁之地并非是针对左降官的限制;五考满量移没有成为定制;流刑的惩治范围并非侧重政治斗争;流刑的惩治力度并非名重实轻;流放者被判决后，并非要决杖一顿;长流并不局限于反逆缘坐;腰斩并不是唐代后期或者前代酷刑，唐前期既己存在等等。唐代著名的治世，贞观之治、开元之治、元和中兴，正是严厉惩治官吏的时期。因此，官吏的惩治与否，关系吏治的好坏;而吏治的好坏则与社会的治乱局面息息相关。如果对官吏坐视不管，听之任之，不采取惩治措施，吏治情况无疑会很差。故官吏的惩治制度能够在一定程度上发挥澄清吏治、有利于社会发展的作用。
[Abstract]:Official system is an important part of the political system in ancient Chinese, appointment and removal of officials is the indispensable content. But for a long time, people paid great attention to the appointment, the opposite is the dismissal mechanism is less. The punishment of the officials is an important content of the system. Due to purge time, energy with limited knowledge, the author intends to probe into the punishment of the officials in the Tang Dynasty.
Based on a large number of Tang Dynasty's data, based on the practice of punishing officials, not only the provisions, but also the punishment of officials in the Tang Dynasty, we did some in-depth research in some areas which some scholars didn't pay much attention to.
The Tang Dynasty officials punished for many reasons, mainly is: the duty not to fix, in violation of law, human relations, even wait for the job. The reasons, results in more attention to crime of bribery, the election recommended improper military defeat, anti corrosion, other dereliction of duty, even as several official dereliction of duty against the less involved; people pay more attention to the ritual punishment system and is more than the lack of filial piety, and family life are closely related to the definition of etiquette for the private ceremony, compared with other official close relations are called public funeral ceremony, adding disrespect towards the diet class is not rude, Su, family discord, not cruelty, adultery several people of incest; officials offend the emperor, officials punished right It is quite common for the phenomenon, the author classified analysis of its officials; also because of arguing with associates, making friends with certain people and personality defects and punishment, these scholars pay attention to The relative lack of guilt; will be subdivided by relatives, friends or friends, or take the main seat of several main implicated.
The punishment of officials way for administrative punishment, criminal punishment, physical punishment, punishment. The author of the spirit of demotion, exile, economic punishment, made malicious, duplicate surname and changing the bad name is introduced, added the reason move, change shift period, cut order, staff characteristics death, other material punishment beyond the salary punishment and mental punishment, and the punishment degree were compared, the advantages and disadvantages of implementation are analyzed.
The author discusses the influence factors of the Tang Dynasty government official punished and punishment effect. The examination, supervision, judicial, advice, privilege, pardon system, the emperor and the officials will own or other factors have an impact on the punishment of the officials. The officials punished the reasons directly affect the results of innocence punished.
Or have the punishment exceed the crime will have a negative effect, but was wrong penalty if the officials of high quality, but it will place
The development has a positive impact.
For some of the previous formulation, the author also put forward their own views, such as the police office is one thing that
Rather than an organization established by the eunuchs; demotion and demotion relocation is not be moved down the rules; and
To be left down official restrictions; five year move did not become the custom of exile punishment scope is not side;
Heavy political struggle; the punishment is not a pure exile light; exile after the conviction, is not the key staff
A meal; flow is not limited to the inverse YuanZuo; cut is not the late Tang Dynasty or the previous generation of torture, before the Tang Dynasty
A period of existence and so on.
The famous Tang Dynasty Zhenguan reign, and rule of Kaiyuan, Yuanhe, is severely punish officials
The period of time. Therefore, the punishment of the officials or not, the relationship between the quality of the management; and the quality of the management and the society
The situation is closely related to the disorder. If the officials sit idly by, it does not take measures to punish,
Officials would be very poor. So the punishment of the officials to clarify the official management system can play to a certain extent,
It is beneficial to the social development.

【学位授予单位】：厦门大学
【学位级别】：博士
【学位授予年份】：2004
【分类号】：K242

【引证文献】