论唐代官吏经济处罚

发布时间：2018-12-18 02:00

【摘要】： 官吏是封建君主借以统治全国人民的工具,因此,对官吏的管理显得尤为重要。在治吏方面,唐朝中后期经济处罚的实施,是唐代法律新的突破。探讨经济处罚及其所反映的问题,对于我们研究唐代吏治有积极意义。经济处罚在唐朝中后期的大量实施,一方面是唐代法制发展完善的结果,另一方面又严重破坏着唐代法制,反映了唐朝吏治的混乱。种种经济处罚方式并不完全反映人们刑事犯罪的降低,而是从反面证明了唐朝中后期政治、经济江河日下的大时代背景。笔者查阅大量史料,结合唐代经济处罚立法规定,在已有研究成果基础上,对经济处罚方式和官吏受处罚的原因作了重要补充,并就经济处罚各种方式的渊源、关系,经济处罚的特点、影响等一些学者较少或基本没有讨论的问题,做了深入研究分析,以期能对经济处罚做出系统而全面地论述。全文共分四部分: 第一部分界定了经济处罚的概念,摘列了笔者所见的诸如夺禄、罚俸、停俸、罚直、罚赐钱等几种经济处罚方式,考证了它们的起始时间、特点,及与其他经济处罚方式的关系,并简单举例说明。第二部分归纳了唐代官吏受到经济处罚的原因。包括违反礼仪、违反法制、职务犯罪、同僚不睦、受人牵连等五大类,具体又划分小类,详细论述。第三部分分析经济处罚的具体实施情况及其原因。指出经济处罚有惩罚较轻之嫌,经济处罚范围有扩大趋势。造成这种现象的原因,笔者从思想、经济、法律、等级制度、个人因素等五个方面作了阐述。第四部分总结经济处罚的特点,并就经济处罚的利弊得失、影响及借鉴意义等问题作简要探讨。另外,笔者还在附录中将所见到的唐代受到经济处罚的官吏按时间顺序逐一列出,以备参考。
[Abstract]:Officials are the tools by which feudal monarchs rule the whole country, therefore, the management of officials is particularly important. The implementation of economic punishment in the middle and late Tang Dynasty was a new breakthrough in the law of Tang Dynasty. It is of great significance for us to study the administration of officials in Tang Dynasty by discussing the economic punishment and its reflection. The implementation of economic punishment in the middle and late Tang Dynasty, on the one hand, was the result of the development and perfection of the legal system of the Tang Dynasty, on the other hand, it seriously damaged the legal system of the Tang Dynasty, which reflected the chaos of the administration of officials in the Tang Dynasty. All kinds of economic punishment do not completely reflect the decrease of people's criminal crime, but prove the background of the great times of the political and economic decline in the middle and late Tang Dynasty. The author consulted a large amount of historical data, combined with the legislation of economic punishment in Tang Dynasty, on the basis of existing research results, made an important supplement to the way of economic punishment and the reasons for officials being punished, and discussed the origin and relationship of various forms of economic punishment. Some scholars, such as the characteristics and influence of economic punishment, have made a thorough study and analysis on the problems that have not been discussed by some scholars, in order to make a systematic and comprehensive discussion on economic punishment. The paper is divided into four parts: the first part defines the concept of economic punishment, summarizes the author see such as salary, pension, straight punishment, pay penalty and other economic penalties, textual research on their initial time, characteristics, And the relationship with other forms of economic punishment, and simple examples. The second part sums up the reasons why officials were punished by economy in Tang Dynasty. Including violation of etiquette, violation of the legal system, duty crimes, colleagues discord, implicated by people and other five categories, specific and subdivided into small categories, discussed in detail. The third part analyzes the specific implementation of economic punishment and its reasons. It is pointed out that economic punishment has the suspicion of light punishment, and the scope of economic punishment has a tendency to expand. The author expounds the reasons of this phenomenon from five aspects: thought, economy, law, hierarchy and personal factors. The fourth part summarizes the characteristics of economic punishment, and briefly discusses the advantages and disadvantages of economic punishment, its influence and the significance of reference. In addition, in the appendix, the author listed the officials who had been punished in the Tang Dynasty in chronological order for reference.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：K242

【相似文献】