苏天爵及其法制实践与思想
发布时间：2019-03-26 10:19
【摘要】：苏天爵是元朝中后期的一位汉族名臣,同时还是卓有成就的历史学家。在元朝,无论在政治上还是学术上,他都有着广泛而深远的影响,明清以来也一直受到史家的高度评价。 元仁宗延yP四年(1317),苏天爵以国子学贡举考试第一名踏上仕途,开始了他长达三十多年的为官生涯。他曾长时间任职宪台,晚期又主要在监察系统任职,先后任监察官员达八次之多,这也是他一生仕履中成绩突出而最受人称道的经历。在任台察官员时,针对吏治与狱政的种种弊端,他表现出高尚的为政品德,显现出了高度的政治才能和责任心。他廉洁奉公,不畏朝廷强权和地方豪绅势力,尽其所能地维护司法公正,平反冤狱,打击贪腐,以解救百姓危困为已任。同时,他总是积极上书朝廷,不断指出法制系统的弊端,提出司法改革的建言。他提出,应通过不断完善司法管理制度和强化法官自身素质,达到“正纪纲以修宪度”的目标。为此,他提出了许多具体的方针和措施,例如选廉任能、培养司法人才、修改删除不合时宜的律条、健全法律体制等,由此而形成一套解决元末吏治败坏、狱政管理混乱的理念与办法。这些措施对于维护元朝统治,减轻百姓痛苦,改善吏治状态等都起到一定作用,也成为元朝法制系统的重要构成部分。尽管他的努力并不能匡正大元王朝贪腐泛滥、法制败坏的大局,更不能挽大厦于将倾,但毕竟给百姓带来一点实惠,功德自在人心,被百姓称之为“苏青天”。苏天爵是元后期少有的有作为有担待的汉族政治家,是元朝为数不多的受到朝野同声赞誉的官员。苏天爵还以极大的精力关注有元一代的历史,孜孜不倦的收集史料和撰写国史,留下了多种极具价值的著述,是有元一代最有成就的史学家,在中国史学史上占有一定地位。 在元朝法律典章制度缺失,相关资料又相对匮乏的情况下,苏天爵在监察系统的实践活动,以及保存下来的奏疏文章等,不但是研究他本人法制思想和元代法制问题的重要资料,也是中国古代法制史上的重要资料。作为一代名臣,苏天爵的生平值得系统研究,他的师承与交游也值得深入观察,以见在蒙元政权下的汉人士大夫群体的活动特点。总结他法制实践和思想,无论对元史研究而言,还是对中国古代法制史的研究而言,显然都具有一定学术价值,在元史研究领域里,也有一定的拓展意义。
[Abstract]:Su Tianjiao was a famous Han minister in the middle and late Yuan Dynasty, and also an accomplished historian. In Yuan Dynasty, he has a wide and far-reaching influence both politically and academically, and has been highly praised by historians since Ming and Qing dynasties. Yuan Ren Zong Yan YP (1317), Su Tianyue took the first place in the national school examination, and began his official career for more than 30 years. He served as a constitutional authority for a long time, mainly in the supervisory system at a later stage, and served as a supervisory officer for as many as eight times. This was also one of the most commendable and outstanding achievements of his official duties in his life. When he was an official in Taiwan, he showed high political ability and sense of responsibility in view of all kinds of malpractices of official administration and prison administration. He was honest and honest, did not fear the power of the court and local gentry forces, tried his best to safeguard judicial justice, rehabilitate the unjust prison, crack down on corruption, and save the people from danger. At the same time, he always actively wrote to the court, constantly pointed out the shortcomings of the legal system, and put forward suggestions for judicial reform. He proposed that the goal of "positive discipline to amend constitution" should be achieved by constantly improving the judicial management system and strengthening the quality of judges themselves. To this end, he put forward many specific policies and measures, such as the election of integrity, the training of judicial personnel, the amendment and deletion of outdated laws, the improvement of the legal system, and so on, thus forming a set of solutions to the corruption of official governance at the end of the Yuan Dynasty. The idea and method of chaotic management of prison administration. These measures play a certain role in maintaining the Yuan Dynasty's rule, alleviating the people's suffering and improving the state of official administration, and have also become an important part of the Yuan Dynasty's legal system. Although his efforts could not correct the overrun of corruption in the Great Yuan Dynasty, the general situation of the corrupt legal system, and the fact that he could not link up the mansion, he brought a little practical benefit to the people after all, and was called "Su Qingtian" by the common people. Su Tianjiao was a rare Han statesman in the late Yuan Dynasty and one of the few officials praised by both the government and the opposition in the Yuan Dynasty. Su Tianyue also paid great attention to the history of the Yuan Dynasty, collected historical materials and wrote the national history tirelessly, leaving behind a variety of valuable works, which is the most successful historian of the Yuan generation, and occupies a certain position in the history of Chinese historiography. In the absence of a system of laws and decrees in the Yuan Dynasty, and the relative lack of relevant information, Su Tianjiao's practical activities in the supervisory system, as well as the preserved articles, and so on, It is not only an important material to study his legal thoughts and legal problems in Yuan Dynasty, but also an important material in the history of legal system in ancient China. As a generation of famous courtiers, Su Tianyue's life is worthy of systematic study, and his teaching succession and acquaintance are also worthy of in-depth observation in order to see the characteristics of the activities of the Han personage-doctor group under the Mongol-Yuan regime. To sum up his legal practice and thought, both for the research of Yuan history and for the study of Chinese ancient legal history, obviously has certain academic value, and also has certain expanding significance in the research field of Yuan history.
【学位授予单位】：暨南大学
【学位级别】：博士
【学位授予年份】：2010
【分类号】：K247
[Abstract]:Su Tianjiao was a famous Han minister in the middle and late Yuan Dynasty, and also an accomplished historian. In Yuan Dynasty, he has a wide and far-reaching influence both politically and academically, and has been highly praised by historians since Ming and Qing dynasties. Yuan Ren Zong Yan YP (1317), Su Tianyue took the first place in the national school examination, and began his official career for more than 30 years. He served as a constitutional authority for a long time, mainly in the supervisory system at a later stage, and served as a supervisory officer for as many as eight times. This was also one of the most commendable and outstanding achievements of his official duties in his life. When he was an official in Taiwan, he showed high political ability and sense of responsibility in view of all kinds of malpractices of official administration and prison administration. He was honest and honest, did not fear the power of the court and local gentry forces, tried his best to safeguard judicial justice, rehabilitate the unjust prison, crack down on corruption, and save the people from danger. At the same time, he always actively wrote to the court, constantly pointed out the shortcomings of the legal system, and put forward suggestions for judicial reform. He proposed that the goal of "positive discipline to amend constitution" should be achieved by constantly improving the judicial management system and strengthening the quality of judges themselves. To this end, he put forward many specific policies and measures, such as the election of integrity, the training of judicial personnel, the amendment and deletion of outdated laws, the improvement of the legal system, and so on, thus forming a set of solutions to the corruption of official governance at the end of the Yuan Dynasty. The idea and method of chaotic management of prison administration. These measures play a certain role in maintaining the Yuan Dynasty's rule, alleviating the people's suffering and improving the state of official administration, and have also become an important part of the Yuan Dynasty's legal system. Although his efforts could not correct the overrun of corruption in the Great Yuan Dynasty, the general situation of the corrupt legal system, and the fact that he could not link up the mansion, he brought a little practical benefit to the people after all, and was called "Su Qingtian" by the common people. Su Tianjiao was a rare Han statesman in the late Yuan Dynasty and one of the few officials praised by both the government and the opposition in the Yuan Dynasty. Su Tianyue also paid great attention to the history of the Yuan Dynasty, collected historical materials and wrote the national history tirelessly, leaving behind a variety of valuable works, which is the most successful historian of the Yuan generation, and occupies a certain position in the history of Chinese historiography. In the absence of a system of laws and decrees in the Yuan Dynasty, and the relative lack of relevant information, Su Tianjiao's practical activities in the supervisory system, as well as the preserved articles, and so on, It is not only an important material to study his legal thoughts and legal problems in Yuan Dynasty, but also an important material in the history of legal system in ancient China. As a generation of famous courtiers, Su Tianyue's life is worthy of systematic study, and his teaching succession and acquaintance are also worthy of in-depth observation in order to see the characteristics of the activities of the Han personage-doctor group under the Mongol-Yuan regime. To sum up his legal practice and thought, both for the research of Yuan history and for the study of Chinese ancient legal history, obviously has certain academic value, and also has certain expanding significance in the research field of Yuan history.
【学位授予单位】：暨南大学
【学位级别】：博士
【学位授予年份】：2010
【分类号】：K247
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