清代防治贪腐犯罪制度研究
发布时间：2018-08-22 18:28
【摘要】：贪污腐败现象的出现由来已久。据历史记载,在中国第一个古代王朝夏朝时官吏贪污腐败现象就已经产生,此后直至末代王朝清朝,官吏贪污腐败犯罪都是一种特别普遍的社会现象,成为危害历代王朝政权稳固的重大隐患。贪污腐败对历代王朝产生了不良影响,历代统治者大都意识到问题的严重性,试图采取一系列措施预防和惩治贪腐犯罪。历代统治者把预防和惩办贪污腐败放在十分重要的位置,幻想经过整饬吏治,从严治贪达到吏治清明,民心归附,国家长治久安的效果。清代作为中国最后一个封建王朝,其一系列规章制度是历代王朝的集大成者,其预防和惩治贪腐犯罪的制度也是历代王朝中最系统、最发达的。通过阅读史料和总结前人研究,清代预防贪腐犯罪制度的内容有:重视关于贪腐犯罪的立法、重视对官吏的道德教化、强化监察制度、重视官吏的选拔、考课、褒奖;惩治贪腐犯罪制度的内容有:行政处分制度和刑事处分制度。此外,清代防治贪腐犯罪的制度有四个特点:体现重典治吏的思想、体现以德治吏的思想、体现计赃科刑的原则、体现连坐责任的原则。虽然清代的制度已相当完备,统治上层也非常重视吏治的清廉,但是贪污腐败现象在清代依然屡禁不止。欲究其原因,还得从君主专制制度下各项制度的局限性入手。本文从监察制度、俸禄制度、处罚标准和捐纳、恩荫制度入手,分析其局限性,找出其不利于防治贪腐犯罪的缘由。具体而言,其监察制度存在长期存在监察空白区、督抚兼任右都御史、右副都御史弊端丛生、“台谏合一”弱化监察权三方面局限性;俸禄制度虽有改革但仍然不合理;处罚制度存在标准不统一,同罪异罚的局限性;捐纳、恩荫两项选官制度的实行存在助长贪污腐败的局限性。在人民当家做主的今天,贪污腐败现象依然存在,廉政建设任重而道远。清代防治贪腐犯罪的一些措施仍然值得我们去研究、去思考。本文通过总结清代防治贪腐犯罪的经验教训,为当今我国廉政建设提出五条建议,即健全对行政权力的监督、探索实行高薪养廉、严惩贪腐与奖励廉政并举、发挥道德在廉政建设中的作用、必须消除特权现象。
[Abstract]:Corruption has a long history. According to historical records, corruption and corruption by officials in the Xia Dynasty, the first ancient dynasty in China, was a particularly common social phenomenon until the Qing Dynasty in the last dynasty. It has become a major hidden danger that endangers the stability of the political power of successive dynasties. Corruption had a bad effect on the past dynasties. Most rulers realized the seriousness of the problem and tried to take a series of measures to prevent and punish the crime of corruption. The rulers of successive dynasties put the prevention and punishment of corruption in a very important position. As the last feudal dynasty in China, the Qing Dynasty had a series of rules and regulations, and its system of preventing and punishing corruption crime was also the most systematic and developed. By reading historical data and summarizing previous studies, the contents of the system of preventing corruption crime in Qing Dynasty are as follows: pay attention to the legislation on corruption crime, attach importance to the moral education of officials, strengthen the supervision system, attach importance to the selection, examination of courses and praise of officials; The contents of punishing corruption crime system include: administrative punishment system and criminal punishment system. In addition, the system of preventing and controlling corruption crime in Qing Dynasty has four characteristics: to embody the thought of treating officials seriously, to embody the thought of governing officials by virtue, to embody the principle of calculating and punishing stolen goods, and to embody the principle of even sitting down responsibility. Although the Qing Dynasty system has been quite complete, the ruling upper level also attached great importance to the clean administration of officials, but corruption in the Qing Dynasty is still prohibited. To investigate the reasons, we must start with the limitations of the system under the autocratic monarchy. This article starts with the supervisory system, the salary system, the punishment standard and the system of donation and grace, analyzes its limitation, and finds out the reasons which are not conducive to the prevention and cure of corruption crime. In particular, there are three limitations in the supervision system, such as the blank area of supervision, the superintendency and governing of the right as well as the imperial history of the right, the abuse of the right deputy to the imperial history, the weakening of the supervisory power in the unity of the Taiwan and the admonition, the reform of the salary system, but the irrationality of the salary system; The penalty system has the limitation of different punishment and different punishment of the same crime, and the limitation of encouraging corruption in the implementation of the two systems of selecting officials. In the people as the master of today, corruption still exists, the building of a clean government and a long way to go. Some measures to prevent corruption in Qing Dynasty are still worth studying and thinking. Through summing up the experience and lessons of preventing and curing corruption crime in Qing Dynasty, this paper puts forward five suggestions for the construction of clean and honest government in our country, that is, to improve the supervision of administrative power, to explore the practice of cultivating honesty with high pay, and to punish corruption and reward clean government simultaneously. To give play to the role of morality in the construction of a clean government, we must eliminate the phenomenon of privilege.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929
本文编号：2197942
[Abstract]:Corruption has a long history. According to historical records, corruption and corruption by officials in the Xia Dynasty, the first ancient dynasty in China, was a particularly common social phenomenon until the Qing Dynasty in the last dynasty. It has become a major hidden danger that endangers the stability of the political power of successive dynasties. Corruption had a bad effect on the past dynasties. Most rulers realized the seriousness of the problem and tried to take a series of measures to prevent and punish the crime of corruption. The rulers of successive dynasties put the prevention and punishment of corruption in a very important position. As the last feudal dynasty in China, the Qing Dynasty had a series of rules and regulations, and its system of preventing and punishing corruption crime was also the most systematic and developed. By reading historical data and summarizing previous studies, the contents of the system of preventing corruption crime in Qing Dynasty are as follows: pay attention to the legislation on corruption crime, attach importance to the moral education of officials, strengthen the supervision system, attach importance to the selection, examination of courses and praise of officials; The contents of punishing corruption crime system include: administrative punishment system and criminal punishment system. In addition, the system of preventing and controlling corruption crime in Qing Dynasty has four characteristics: to embody the thought of treating officials seriously, to embody the thought of governing officials by virtue, to embody the principle of calculating and punishing stolen goods, and to embody the principle of even sitting down responsibility. Although the Qing Dynasty system has been quite complete, the ruling upper level also attached great importance to the clean administration of officials, but corruption in the Qing Dynasty is still prohibited. To investigate the reasons, we must start with the limitations of the system under the autocratic monarchy. This article starts with the supervisory system, the salary system, the punishment standard and the system of donation and grace, analyzes its limitation, and finds out the reasons which are not conducive to the prevention and cure of corruption crime. In particular, there are three limitations in the supervision system, such as the blank area of supervision, the superintendency and governing of the right as well as the imperial history of the right, the abuse of the right deputy to the imperial history, the weakening of the supervisory power in the unity of the Taiwan and the admonition, the reform of the salary system, but the irrationality of the salary system; The penalty system has the limitation of different punishment and different punishment of the same crime, and the limitation of encouraging corruption in the implementation of the two systems of selecting officials. In the people as the master of today, corruption still exists, the building of a clean government and a long way to go. Some measures to prevent corruption in Qing Dynasty are still worth studying and thinking. Through summing up the experience and lessons of preventing and curing corruption crime in Qing Dynasty, this paper puts forward five suggestions for the construction of clean and honest government in our country, that is, to improve the supervision of administrative power, to explore the practice of cultivating honesty with high pay, and to punish corruption and reward clean government simultaneously. To give play to the role of morality in the construction of a clean government, we must eliminate the phenomenon of privilege.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929
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