明代职官有犯之诉讼

发布时间：2018-03-15 22:23

  本文选题：诉讼　切入点：职官有犯　出处：《河北学刊》2017年04期 　论文类型：期刊论文

【摘要】：职官有犯,即职官有犯罪的行为。明代针对职官有犯的诉讼有明确法律规定,事涉官吏自己的事情,不允许官吏本人诉讼;民人对职官有犯的诉讼可以避开本管官,但必须是受害者,只能够诉讼该官不法行为,却不能够告己事。由于职官有犯的诉讼限制,不但使对职官的诉讼变得困难,因受理规定的缺失,还增加了诉讼风险。为了实施对官吏的有效监督,明王朝曾经出台一些补救措施,却没有形成有效的制度。职官有犯的诉讼渠道不畅通,除了制度的原因,也受到君主专制与官僚政治的影响,最终使社会认可职官有犯的诉讼之难。即便如此,明代在职官有犯诉讼方面的努力,还是可以得出一些有益的启示。
[Abstract]:In the Ming Dynasty, there was a clear legal stipulation concerning the official's own affairs, and the officials themselves were not allowed to litigate; the people who had committed an offence against the official could avoid their own official. But it must be a victim who can only sue the official for his unlawful act, but not for his own affairs. Because of the limitation of litigation committed by the official, it is not only difficult to take action against the official, but also because of the lack of the rules of acceptance. It also increased the risk of litigation. In order to carry out effective supervision over officials, the Ming Dynasty issued some remedial measures, but did not form an effective system. The channels of litigation committed by official officials were not open, except for the reasons for the system. Under the influence of autocratic monarchy and bureaucrat politics, it is difficult for the society to admit the official to commit the lawsuit. Even so, the efforts of the Ming Dynasty in the crime lawsuit of the official can draw some useful enlightenment.
【作者单位】： 南开大学周恩来政府管理学院;
【分类号】：D929;K248
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本文编号：1617108