唐代地方官员犯罪研究

发布时间：2018-07-14 22:50

【摘要】：唐代是我国中古时代较为繁荣时期，政治制度比较发达，官员的各种升迁制度十分完备，官员人数众多，其中必然有一部分官员会违反法律制度。为了有效地处罚和预防地方官员犯罪，唐政府做出了巨大的努力。本文以唐代地方官员犯罪的类型为基础，对地方犯罪官员的审判、处罚和预防措施做了系统地论述和考察。从历史文献资料入手，结合前人的研究成果，，对地方官员犯罪进行了深入地论述。对本课题地研究有助于学术探讨，同时也对今天政治制度建设也有一定的借鉴意义。绪论，主要阐述了唐代地方官员犯罪的研究现状，并说明了选题缘由及意义、史料来源及研究方法、本文的创新点和对相关的概念做了限定。第一章，根据犯罪性质的不同，可以将唐代地方官员的犯罪分为以下几种类型：犯罪情节最为严重的危害国家安全罪，主要包括了谋反和叛乱；涉及地方官员腐败行为的贪污和受贿两种经济犯罪；以及地方官员最为常见的渎职罪。地方官员犯罪存在一些较为明显的特点：地方官员犯罪多集中于唐代中后期，并且有一定的阶段性和地域性。第二章，官员犯罪必然要受到国家司法机关地审判，地方官员犯罪先由地方初审，情节严重的要交由中央复审，并作出判决。在对地方犯罪官员的审判过程中，会受到中央的干预。第三章，参照唐代的法律条令，地方官员的犯罪行为要受到严厉的处罚。处罚方式有行政处罚、经济处罚和刑事处罚，并且唐代对地方犯罪官员的处罚方式有鲜明的特点。第四章，为了预防地方官员犯罪，唐政府采取了诸多有效的措施。通过加强对地方官员的监察，严格考课、注重官德并且完善了法律，颁布诏令，实现预防地方官员犯罪的目地。结语，分析了地方官员犯罪的全貌及对唐代政治的影响，并且论述了唐代地方犯罪官员处罚方式和预防措施，对后世带来的深远影响。
[Abstract]:The Tang Dynasty was a prosperous period in the middle ancient times of our country, the political system was relatively developed, the various promotion systems of officials were very complete, and the number of officials was numerous, some of them would certainly violate the legal system. In order to punish and prevent the crime of local officials effectively, the Tang government made great efforts. Based on the types of crimes committed by local officials in Tang Dynasty, this paper systematically discusses and inspects the trial, punishment and preventive measures of local officials. Starting from the historical literature and combining the previous research results, the crime of local officials is discussed in depth. The research on this subject is not only helpful to academic research, but also to the construction of today's political system. Introduction, mainly elaborated the Tang Dynasty local official crime research present situation, and explained the selected topic reason and the significance, the historical data origin and the research method, this article innovation point and to the related concept has made the limit. The first chapter, according to the nature of the crime, the local officials can be divided into the following types: the most serious crimes against national security, mainly including insurrection and rebellion; Corruption and bribery are economic crimes involving corruption by local officials; and malfeasance is the most common crime of malfeasance on the part of local officials. There are some obvious characteristics in the crime of local officials: most of the crimes committed by local officials are concentrated in the middle and late Tang Dynasty, and there are certain stages and regions. The second chapter, the official crime must be tried by the state judicial organ, the local official crime must be first tried by the local government, if the case is serious, it must be reviewed by the central government, and the judgment will be made. In the course of the trial of local criminal officials, there will be interference from the central authorities. Chapter three, referring to the law of Tang Dynasty, the criminal behavior of local officials should be severely punished. There are administrative punishment, economic punishment and criminal punishment, and the punishment of local criminal officials in Tang Dynasty has distinct characteristics. The fourth chapter, in order to prevent local officials from committing crimes, the Tang government took many effective measures. By strengthening the supervision of local officials, strict examination, paying attention to official morality and perfecting the law, issuing Dahir to achieve the purpose of preventing local officials from committing crimes. In conclusion, the author analyzes the whole situation of the crime of local officials and its influence on the politics of Tang Dynasty, and discusses the way of punishment and preventive measures of local officials of crime in Tang Dynasty, which has far-reaching influence on later generations.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D929;D924;K242

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