宋代行政责任追究制度研究的基本问题
发布时间：2018-11-18 19:03
【摘要】： 宋代行政责任追究制度是我国政治制度史、法制史上的一项重要内容,也是历史学研究与政治、行政、管理学研究相交叉的一个问题。尽管我国历史上行政、行政法、行政责任追究制度早已有之,宋代行政责任追究制度相关研究也在上世纪80年代以来,在宋代以及古代官吏管理制度、政法制度研究方面取得相对多一点的成果,但是,由于现代行政责任追究制度建设及其相关研究的薄弱,迄今尚未形成专门的研究方向或领域。而宋代行政责任追究制度的发展,则给我们留下了较为丰富而系统的法律法规、政典制度、纪传编年以及其它相关史料,尤其法律、政典等方面的史料具有基础性的意义,从而使本选题研究有了可能。事实上,我国古代行政责任追究制度经过长期的历史演变,至宋代发生了前所未有的变化,并取得很大的发展,如：责任和追究在行政中广泛运用,行政责任追究的相关法律法规日益丰富,敕的追究责任功能不断增强,行政责任追究方法逐步成熟并有体系等,特别是在行政责任追究的基本内容和方法上,无论是行政责任追究主体、程序、类型的日益清晰,还是行政责任追究的形式、方法的系统完整,都标志着宋代行政责任追究制度的新进展。当然,宋代行政责任追究制度仍然处在以方法代表责任和追究的时代,它在分权行政、制约权力基础上追究行政官吏的主体责任。这是以官治民、官民对立社会的必然产物,属于专制集权下的行政责任追究,与现代分权制衡和民主法制基础上的行政责任追究制度有着很大的差别。即使如此,宋代行政责任追究的方式方法还是很有体系和特色的,形成了以限制人生自由为特征、以剥夺或黜降官职爵位和以经济处罚为主要内容的责任形式和方法,并与行政性的刑事处罚方法结合起来,构成了一个层次分明、相互关联补充的方式方法体系,尤其通过剥夺或减降官吏的爵位利禄,进行惩罚性的责任追究,以保证政权机器的正常运行。同时,通过“官当”减免的原则和方法,来救济和庇护官吏的特权、利益,也正因如此,又影响了行政责任追究的功能和作用。基于宋代行政以及行政法制的发展,在官吏选任、财政税收、农桑水利、财物管理以及司法、军事、宗教、外交等方面形成了各种类型的行政责任追究。其中,官吏选任的责任主要是在科举、举官、考课、磨勘等中产生的,其核心内容和特色是,科举责任追究涉及科举的全程并具有举士、举官责任的二重性,举官责任追究根本的原则或方法则是连坐同罪,考课和磨勘中降考第、展磨勘直接影响或决定官爵和职位的黜降。在以官为本和设官而治的古代社会,官吏始终居于极其重要的地位,官吏的选任既是一种具体的行政过程和类型,又是一个涉及诸多行政领域的问题；选任责任既是一种专门责任,又是一种普遍责任,因而,官吏选任责任处在行政责任追究制度的基础性地位,也是行政责任追究制度研究中的基本问题。这对进一步进行分类研究宋代的行政责任追究制度具有重要的意义,并与上述内容构成宋代行政责任追究制度研究的基本问题。
[Abstract]:The accountability system of the administrative responsibility in the Song Dynasty is an important part of the history of Chinese political system and the history of the legal system. It is also a problem that the study of history and the study of politics, administration and management. in spite of that administrative, administrative law and administrative responsibility system in the history of our country, the system of administrative responsibility investigation in the Song Dynasty has been more and more fruitful in the Song Dynasty and in the management system of the ancient government officials and the research of the system of government and law since the 1980s, but, Because of the weakness of the construction of modern administrative responsibility system and its related research, the special research direction or field has not yet been formed. The development of the accountability system of the administrative responsibility in the Song Dynasty has left us a rich and systematic law and regulations, the rules of administration, the chronicle of the period and other relevant historical materials, especially the law and the political ceremony, so as to make the study of this topic possible. In fact, the system of administrative responsibility in ancient China has gone through the long-term evolution of the history, and has made unprecedented changes in the Song Dynasty, and has made great development, such as responsibility and accountability in the administration, and the relevant laws and regulations of the administrative responsibility investigation are becoming more and more abundant. The accountability function of the government is constantly strengthened, the method of administrative responsibility investigation is gradually mature and has a system, especially in the basic contents and methods of the administrative responsibility investigation, whether the main body, the procedure, the type of the administrative responsibility, or the form of the administrative responsibility investigation, The system of the method is complete and marks the new development of the system of administrative responsibility investigation in the Song Dynasty. Of course, the system of the accountability of the administrative responsibility in the Song Dynasty is still in the times of the responsibility and accountability of the method, which, on the basis of the decentralized administration and the restriction of power, will hold the main responsibility of the administrative official. This is the inevitable result of the government and the people's opposition to the society, and it belongs to the administrative responsibility investigation under the autocratic centralization, and has a great difference with the system of administrative responsibility investigation on the basis of the modern power of separation and balance and the democratic rule of law. Even so, the method of the accountability of the administrative responsibility in the Song Dynasty is still very systematic and characteristic, and forms the form and method of responsibility for restricting the freedom of life as the main content, and combining with the administrative criminal punishment method. The system of a well-organized, interrelated and complementary way, in particular by depriving or reducing the title of the official, carries out punitive responsibility to ensure the normal operation of the regime's machine. At the same time, through the principle and method of 鈥渁n officer鈥，
本文编号：2340898
[Abstract]:The accountability system of the administrative responsibility in the Song Dynasty is an important part of the history of Chinese political system and the history of the legal system. It is also a problem that the study of history and the study of politics, administration and management. in spite of that administrative, administrative law and administrative responsibility system in the history of our country, the system of administrative responsibility investigation in the Song Dynasty has been more and more fruitful in the Song Dynasty and in the management system of the ancient government officials and the research of the system of government and law since the 1980s, but, Because of the weakness of the construction of modern administrative responsibility system and its related research, the special research direction or field has not yet been formed. The development of the accountability system of the administrative responsibility in the Song Dynasty has left us a rich and systematic law and regulations, the rules of administration, the chronicle of the period and other relevant historical materials, especially the law and the political ceremony, so as to make the study of this topic possible. In fact, the system of administrative responsibility in ancient China has gone through the long-term evolution of the history, and has made unprecedented changes in the Song Dynasty, and has made great development, such as responsibility and accountability in the administration, and the relevant laws and regulations of the administrative responsibility investigation are becoming more and more abundant. The accountability function of the government is constantly strengthened, the method of administrative responsibility investigation is gradually mature and has a system, especially in the basic contents and methods of the administrative responsibility investigation, whether the main body, the procedure, the type of the administrative responsibility, or the form of the administrative responsibility investigation, The system of the method is complete and marks the new development of the system of administrative responsibility investigation in the Song Dynasty. Of course, the system of the accountability of the administrative responsibility in the Song Dynasty is still in the times of the responsibility and accountability of the method, which, on the basis of the decentralized administration and the restriction of power, will hold the main responsibility of the administrative official. This is the inevitable result of the government and the people's opposition to the society, and it belongs to the administrative responsibility investigation under the autocratic centralization, and has a great difference with the system of administrative responsibility investigation on the basis of the modern power of separation and balance and the democratic rule of law. Even so, the method of the accountability of the administrative responsibility in the Song Dynasty is still very systematic and characteristic, and forms the form and method of responsibility for restricting the freedom of life as the main content, and combining with the administrative criminal punishment method. The system of a well-organized, interrelated and complementary way, in particular by depriving or reducing the title of the official, carries out punitive responsibility to ensure the normal operation of the regime's machine. At the same time, through the principle and method of 鈥渁n officer鈥，
本文编号：2340898
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