宋代官员经济犯罪及防治研究

发布时间：2018-07-09 11:40

本文选题：宋代 + 官员　；参考：《河北大学》2008年博士论文

【摘要】： 宋代是中国封建社会承前启后、继往开来的转折时期,其物质文明和精神文明达到了前所未有的高度,对后世产生了巨大而深远的影响。但宋代的社会问题也很突出,官员经济犯罪的屡禁不止便是其中之一。官员经济犯罪是指政府官员利用职权,以谋取不正当经济利益为目的,在其行使社会管理职能和参与经济活动中实施的违反法律规定,侵害社会经济关系,破坏经济秩序,依法应受到处罚的犯罪行为。官员经济犯罪对国家政权有着很大的危害性,能否对其进行有效预防和惩治,直接关系到国家的兴衰存亡。宋代官员经济犯罪涉及范围广、参与人员多、社会危害大。本文全面考察了宋代官员经济犯罪的各种类型,将其分属两个领域进行研究,分别是公共管理中的官员经济犯罪和经济运行中的官员经济犯罪。公共管理中的经济犯罪包括贪污贿赂、假公济私、额外征敛等；经济运行中的经济犯罪主要是非法经商、强买强卖、偷逃税款、金融犯罪等。宋代统治者对官员经济犯罪采取了积极的应对措施,制定了严密的防范机制。在制度建设上,一是注重完善法制建设,使得打击经济犯罪有法可依；二是加大监察力度,通过健全监察机构、完善监察措施等举措,对官员经济犯罪起到积极的预防作用；三是加强财政监审,形成了一套从中央到地方的多层次、多渠道的财政监督系统,减少国有财产被侵犯的机率；四是通过加强考核制度,鞭策和激励各级官员廉洁奉公,恪尽职守；五是进一步完善任官回避制度,防止官员徇私枉法、谋取不正当经济利益。宋政府注重廉政建设,通过严格选拔、官箴教育、法律考试等措施提高官员的素质,通过社会舆论等加强对官员的监督,通过增加俸禄、致仕优待等优抚政策调动官员为官行政的积极性。还特别注重对赃罪多发领域和重点群体的防范,增强了防范的针对性。本文对宋代官员经济犯罪的惩治方式及实践进行了分析研究,宋代在吸收前代经验教训的基础上,使惩治措施更加完善,但由于封建制度本身难以克服的局限性,这一机制没有得到有效地运转,而是经历了由严而宽、由重而轻的变化曲线,使得打击和防范官员经济犯罪的实际成效大打折扣。宋代对官员经济犯罪的防治既有成效,也有不足。本文对宋代官员经济犯罪及其防治进行研究和总结,对当今防范和惩治官员经济犯罪也将有所裨益。
[Abstract]:The Song Dynasty was a turning period of Chinese feudal society. Its material civilization and spiritual civilization reached an unprecedented height, which had a great and profound influence on later generations. But the social problems of Song Dynasty are also prominent, and the repeated prohibition of officials' economic crimes is one of them. Official economic crime refers to the violation of laws and regulations by government officials in exercising their social management functions and taking part in economic activities in order to obtain improper economic interests by making use of their powers and powers, thus infringing on social and economic relations and undermining economic order. A crime punishable by law. Officials' economic crimes have great harm to the state power. Whether they can be effectively prevented and punished is directly related to the rise and fall of the country. The Song Dynasty officials involved a wide range of economic crimes, many participants, social harm. This paper investigates the various types of official economic crime in Song Dynasty and studies it in two fields: official economic crime in public administration and official economic crime in economic operation. The economic crimes in public administration include embezzlement and bribery, impersonation, extra collection and so on; the economic crimes in economic operation are mainly illegal business, forced buying and selling, tax evasion, financial crimes and so on. The rulers of the Song Dynasty took active measures against officials' economic crimes and formulated a strict prevention mechanism. In the system construction, the first is to improve the legal system construction, the second is to strengthen the supervision, to improve the supervision mechanism, to improve the supervision measures, and to play a positive role in the prevention of the officials' economic crimes. Third, strengthening financial supervision and examination, forming a multi-level and multi-channel financial supervision system from the central to the local levels to reduce the probability of state property being infringed on; fourth, by strengthening the examination system, encouraging and encouraging officials at all levels to be honest and honest. Fifth, to further improve the system of withdrawal of officials, to prevent officials from bending the law for personal gain and seeking improper economic benefits. The Song government paid attention to the building of a clean government, improved the quality of officials through strict selection, official education, legal examinations, and so on, strengthened the supervision of officials through public opinion, and increased salaries and salaries. Giving preferential treatment to officials and other preferential policies to mobilize officials for the enthusiasm of the administration. Special attention has been paid to the prevention of multiple areas and key groups of stolen goods, enhancing the pertinence of prevention. This paper analyzes and studies the ways and practice of punishing officials' economic crimes in Song Dynasty. On the basis of absorbing the experiences and lessons of the previous dynasties, the Song Dynasty makes the punishment measures more perfect, but because of the limitations of the feudal system itself, it is difficult to overcome. This mechanism has not been operated effectively, but has experienced a curve of change from strict to wide, from heavy to light, which greatly reduces the actual effectiveness of cracking down and preventing officials' economic crimes. The prevention and cure of official economic crime in Song Dynasty had both effect and deficiency. This paper studies and summarizes the economic crime of officials in Song Dynasty and its prevention and control, which will also benefit the prevention and punishment of official economic crimes.
【学位授予单位】：河北大学
【学位级别】：博士
【学位授予年份】：2008
【分类号】：K244

【相似文献】