中国古代厚禄养廉制度的当代价值

发布时间：2018-06-06 00:52

本文选题：厚禄养廉 + 惩贪防腐　；参考：《东北师范大学》2017年硕士论文

【摘要】：厚禄养廉制度是古代廉政法治建设的重要组成部分,自战国末年官俸制度萌芽兴起到秦汉时期逐步确立,始终贯穿于我国两千多年的封建专制社会当中,为廉政建设提供了充分的制度保障。现代廉政法治建设必然能够从传统法律文化、治国思想理论中挖掘出适合我们民族习惯的有益部分,把握规律、汲取精华,在继承我国古代廉政法治内涵的基础上,提出符合我国国情的、科学合理的具体制度建议。本文共分为三个部分,第一部分首先对我国古代厚禄养廉制度进行了简单地历史梳理,以汉宣帝专门颁布增加小吏俸钱的诏令为起点,历史上首次明确提出了厚禄养廉的思想理论;然后主要以北宋时期颁行的《重禄法》为载体,着重分析了该法的内容规范与实施后的效果评价,结合法律规范具体地把握了古代厚禄养廉法治思想的精髓;再通过阐述儒家思想中重视培养官员自身的德行要求与传统思想中大力倡导的义利统一观念这两个方面,讨论了厚禄养廉制度的思想基础。第二部分分别从公职人员享有生存权与发展权的人权理论以及法经济学视角下论证厚禄养廉制度的适用性,从现代理论的角度进一步考量现代廉政法治建设中引入厚禄养廉制度的逻辑合理性。第三部分则是在充分地考察分析国内外廉政经验的基础之上,提出我国现代廉政法治建设应该从培养官员的廉政意识、健全预防腐败的法律法规与规范公职人员的工资制定标准三个层次,深入推进防治贪腐的合力机制。
[Abstract]:The system of keeping honest and honest is an important part of the construction of the rule of law in ancient times. From the sprout of the official pension system in the late warring States period to the gradual establishment of the Qin and Han dynasties, it has been running through the feudal autocratic society of more than two thousand years in our country. For the construction of a clean government to provide adequate institutional protection. The construction of the rule of law of a clean government in modern times must be able to dig out the beneficial parts suitable for our national customs from the traditional legal culture and the theory of governing the country, grasp the laws, absorb the essence, and inherit the connotation of the rule of law of a clean government in ancient China. Put forward the concrete system suggestion that accords with our country national condition, scientific and reasonable. This paper is divided into three parts. In the first part, the author makes a brief historical analysis of the ancient system of keeping honest and honest, starting from the imperial edict issued by Emperor Xuandi of the Han Dynasty to increase the salaries and money of small officials. In the first time in history, the author put forward the thought theory of keeping honest and clean, and then analyzed the content standard of this law and the effect evaluation after its implementation, mainly based on the "Law of repaying" issued during the Northern Song Dynasty as the carrier. In combination with the legal norms, the author grasps the essence of the ancient thought of keeping honest and honest, and then expounds the two aspects of the Confucian thought, which attach importance to the cultivation of officials' own moral requirements and the idea of unity of righteousness and interest, which is strongly advocated in the traditional thought. This paper discusses the ideological basis of the system. The second part demonstrates the applicability of the system from the angle of law and economics from the human rights theory of the right of existence and development of public officials, and from the perspective of law and economics. From the angle of modern theory, the logical rationality of introducing the system of keeping clean government in the construction of the rule of law of modern clean government is further considered. The third part is based on the thorough investigation and analysis of the experience of clean government at home and abroad, and puts forward that the construction of the rule of law of modern clean government in our country should be based on the cultivation of the clean government consciousness of the officials. Improve the laws and regulations to prevent corruption and regulate the wages of public officials to formulate standards three levels to promote the mechanism of joint efforts to prevent corruption.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929

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