朱元璋法制思想研究

发布时间：2018-09-13 15:34

【摘要】：明开国皇帝朱元璋吸收前朝纲纪不振、法制懈怠乃至朝代更替的教训,采取了重典治吏、制度建设、分而治之、封建礼教以及因时而异的法制指导思想来治理明朝。朱元璋法制思想的实践,在官场官风、政治生态、社会秩序方面对明代政治产生了较大影响,一定程度上收到了良好的效果,尤其是在诛杀驸马欧阳伦之后,贪腐行为收敛了一段时间。但由于受时代局限性所限,朱元璋法制思想的实践效果显示,腐败并没能彻底根除。朱元璋使用法制的重点,在于惩治官场腐败。当前社会,在中央大力度、长时效打击腐败的同时,在十八届四中全会提出了“依法治国”的重大举措。通过法制手段,约束官员贪污腐败行为,古今亦然。朱元璋用法制手段惩治贪官,手段可谓严厉,与今天中央政府打击腐败决心类似。但朱元璋时代,官场官风腐败现象依然没得到有效遏制;当今在中央大力惩治腐败的同时,尽管某些官员有所收敛,但是依然没全部根除,任重而道远。通过朱元璋法制思想及其实践的研究,明初社会在惩治贪污、重典治吏、监察重效、群策群力方面与当今社会有所相似,我们研究其采取的措施、实践的手段、取得的效果得出其经验教训,为今天社会的法制建设、贪污治理提供历史的诠释和依据。
[Abstract]:Zhu Yuanzhang, the founding emperor of Ming Dynasty, absorbed the lessons of weak programmatic discipline, slack legal system and even the replacement of the dynasty, and adopted the rules of law, system construction, division and rule of law, feudal ethics and the guiding ideology of legal system which varied from time to govern the Ming Dynasty. The practice of Zhu Yuanzhang's legal thought had a great influence on the politics of the Ming Dynasty in the aspects of officialdom, political ecology and social order, and to some extent received good results, especially after the killing of Ouyanglun, the son-in-law. Corruption has converged for some time. However, due to the limitations of the times, Zhu Yuanzhang's legal practice shows that corruption has not been completely eradicated. The focus of Zhu Yuanzhang's use of the legal system is to punish corruption in the officialdom. In the current society, while the central government is making great efforts to crack down on corruption for a long time, it has put forward major measures of "governing the country according to law" at the fourth Plenary session of the 18th CPC Central Committee. Through the legal system, the corruption of officials is restrained, as has always been the case. Zhu Yuanzhang used the legal system to punish corrupt officials in a harsh way, similar to the central government's determination to fight corruption today. However, in Zhu Yuanzhang's time, the corruption of officialdom was still not effectively curbed. At the same time, while the central government has vigorously punished corruption, although some officials have converged, it is still not completely eradicated, and there is a long way to go. Through the study of Zhu Yuanzhang's legal thought and its practice, in the early Ming Dynasty, there were similarities between the punishment of corruption, the administration of officials, the supervision and the effectiveness of supervision, and the collective power. We studied the measures taken and the means of practice. The results can provide historical interpretation and basis for the construction of legal system and governance of corruption in today's society.
【学位授予单位】：中原工学院
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：K248

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