晚清文官惩戒制度研究

发布时间：2018-06-19 04:39

本文选题：晚清 + 文官　；参考：《安徽师范大学》2012年硕士论文

【摘要】：晚清时期的文官惩戒制度，是对前清文官惩戒制度的继承和发展。晚清行政处分主要以大清会典和则例为惩戒依据，会典是前清各单项法律的源头，具有法源性质，《钦定吏部处分则例》和《钦定六部处分则例》是其最直接的法律依据；晚清刑事处罚主要以条例和刑律为惩戒依据。但是，上述行政处分和刑事处罚的法律法规依据并没有严格的界限，两者之间存在着既独立又统一的关系。晚清文官惩戒的范围非常广泛。既包括官员个人的道德品质、为官能力、从政业绩、身体状况，还包括对家人的管束是否到位。其中，对于官员的违背礼制、贪污索贿、玩忽懈怠以及侵害民生等几个方面的惩处也最为严厉。行政处分的类型主要有罚俸、降级和革职等，刑事处罚的类型主要有笞、杖、徒、流以及死刑等。吏部主要负责官员的行政处分，刑部主要负责刑事处罚，重大案件需要会同都察院和大理寺共同办理，特别重大的案件，有时皇帝也会参与。其最终惩戒结果都需要上报皇帝，请皇帝下旨定夺，任何机构和个人都不能擅自惩戒官员。道、咸、同、光四朝均对律例进行了修订，特别是光绪朝，制定了《大清现行刑律》和《大清新刑律》。在惩戒内容上删除了大量酷刑，体现了人文情怀和现代化制度的特点，在惩戒机构上也发生变化，地方上设立高等审判厅，惩戒机制更加完备，已经呈现出现代化的趋势。晚清时期的文官惩戒制度，仍然是封建性质的。原因在于不论是立法权还是惩戒执行权力都集中于皇帝一人之手。虽然晚清文官惩戒制度存在着诸多的缺陷与不足，但它继承了古代文官惩戒法律的架构和内容，吸收了西方文官惩戒法律的长处，并结合自己的实际情况，制定了较为完备的惩戒律例，建立起比较有效文官惩戒制度，对于肃清吏治，建立高效的官员队伍起到了重大作用，同时对于北洋政府和南京国民政府文官惩戒法律的制定，以及当今的公务员队伍建设都产生了深远的影响。
[Abstract]:The civil disciplinary system in the late Qing Dynasty was the inheritance and development of the civil official disciplinary system in the former Qing Dynasty. In the late Qing Dynasty, the administrative punishment was mainly based on the rules and rules of the Great Qing Dynasty, which was the source of the individual laws of the former Qing Dynasty, and had the nature of law source. The rules on the disposition of officials in the Imperial order and the rules on the disposition of the six departments in the Qing Dynasty were the most direct legal basis. In the late Qing Dynasty, criminal punishment was mainly based on regulations and criminal laws. However, there are no strict limits on the legal and regulatory basis of the above administrative and criminal penalties, and there is an independent and unified relationship between the two. The range of civil official discipline in the late Qing Dynasty was very wide. It includes both the personal moral character of the official, the ability to serve as an official, the performance of the government, the physical condition, and whether the control of the family is in place. Among them, officials against etiquette, corruption and bribery, play slacking and infringing the people's livelihood and other aspects of the punishment is the most severe. The main types of administrative punishment are penalization, demotion and dismissal, and the types of criminal punishment are caning, staff, apostasy, flow and death penalty. Officials are mainly responsible for the administrative punishment, the Department of Criminal punishment is mainly responsible for criminal punishment, major cases need to be handled jointly with the capital court and Dali Temple, especially important cases, sometimes the emperor will also participate. The final punishment needs to be reported to the emperor, and no institution or individual can punish officials without authorization. Tao, salty, same, light four dynasties have carried on the revision to the law, especially the Guang Xu dynasty, has formulated the "Qing Dynasty current Criminal Law" and "the Great fresh Criminal Law". A large number of torture has been deleted in the disciplinary content, which reflects the humanistic feelings and the characteristics of the modern system, and has also changed in the disciplinary institutions. The establishment of the higher judicial hall in the local areas has made the disciplinary mechanism more complete and has shown a trend of modernization. The civil disciplinary system in the late Qing Dynasty was still feudal in nature. The reason is that both legislative and disciplinary executive powers are concentrated in the emperor's one-man hand. Although there are many defects and deficiencies in the civil official disciplinary system in the late Qing Dynasty, it inherits the structure and content of the ancient civil official disciplinary law, absorbs the strengths of the western civil official disciplinary law, and combines with its own actual situation. The relatively complete disciplinary laws and regulations and the establishment of a more effective civil disciplinary system have played an important role in the clean-up of officials and the establishment of an efficient contingent of officials. At the same time, they have also played an important role in the formulation of the civil official disciplinary laws of the Beiyang Government and the Nanjing National Government. As well as today's civil service construction has produced the profound influence.
【学位授予单位】：安徽师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：K252;D691.4

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