清末文官制度变革研究

发布时间：2018-06-04 19:45

  本文选题：清末 + 文官制度　； 参考：《苏州大学》2016年博士论文

【摘要】：清末文官制度变革是在清末新政和预备立宪的宏大背景下进行的。清末朝廷对传统文官制度进行变革,在形式上,是为了配合清末新政和预备立宪工作的深入开展;在实质上,则是为了走向近代世界和实行开明专制,这也是清末预备立宪何以从官制改革“入手”的根本原因。当然,其他因素对清末文官制度变革也产生了重要影响。譬如,旧有文官制度缺陷所致变革思潮的推助以及客观实践的引领等因素,对引起清末文官制度变革也产生了重要影响。清末文官选拔制度之变革,始于清末科举制度变革。作为清代选拔人才的主要途径,科举制度的地位和作用非常突出。至清末时期,由于科举本身存有的制度缺陷,使其遭遇到了非常明显的制度性困境。为能选拔出符合当时经济社会发展需要的有用人才,清廷开始着手对传统科举制度进行变革。但变革的步伐未能跟上时人的主观假想,且在清末重臣的劝进下,清廷最终决定停废科举。在决定停废科举前,其实清廷就已开始仿照近代西方文官考试制度,以着手构建符合自身需求的新式文官选拔制度。清末时期,新式文官选拔制度主要包括学堂选官制度、游学生选官制度、议员选举制度、司法官考选制度等。当然,在构建新式文官选拔制度时,清廷也刻意保留了部分传统文官选拔制度规范。譬如,保留了捐纳、贡生、荫生等传统文官选拔制度规范。清末时期,由于文官出现了立法、行政、司法类别的分野,于此,清末文官候用人员类别也发生了显著变化。为使文官任用更符合近代文官制度发展规律,清末朝廷对清代传统官缺制度作出了重大变革。其中,官缺不分满汉及单一化设置是其变革的重大成果。随之,清廷在移植并吸纳了近代西方文官制度中的官等制度合理内核的基础上,创设了新式官等制度,并致清末文官任用权限结构发生了显著变化。清末时期,传统文官的“补缺”规范也出现了显著变革,不仅在文官的升补和调补规范方面发生了变化,州县官的任用规范更是发生了重大变革。与此同时,清末文官回避制度和分发学习制度也发生了重大变革。文官的权利和义务是文官制度内的重要规范内容。在清代,传统文官所享有的权利更多的是集中在经济方面的权益上。譬如,文官享有俸禄、公费和役食权等。而文官的义务更多地是体现在为皇权服务方面。譬如,忠君、不得擅权的义务等。清季最后十年,由于国家政体的逐步转型,且皇权在一定程度上也受到了制约,文官权利与义务就相应地发生了一定程度上的变化。在文官权利方面,单就薪俸制度而言,由于国家政体逐步改变,清代传统俸禄制度开始向近代化迈进,这主要体现在按劳取酬原则的基本确定上,即职务薪俸制度开始确立。从总体上看,清末文官的权利内容虽有所扩展,但仍过偏狭,文官权利并未得到系统的法律保障。在义务方面,清末时期文官义务大致上与清代传统文官义务相类似,但有些义务内容却出现了较大变化。对文官政务行为进行考核与监督,无论是在近现代抑或古代,各国统治者均极为重视,清代也不例外。清末时期,由于国家机构至少在形式上分立为立法、行政、司法三种类型。所以,清末时期的文官考核和监督制度随之也呈现出了理论上的新特点。严格意义上讲,清末时期,除文官的京察、大计以及都察院的监察制度仍然存在外,还初步出现了准代议机关、司法行政机关等对文官行为进行监督的制度。毫不夸张地说,至清末时期,清代传统的文官考核和监督制度已开始发生“质变”。这种“质变”可体现在文官考核与科道监察制度变革、准代议机关监督制度、司法行政机关对审判机关之监督等诸多方面。清末时期,清廷对文官奖励和惩戒制度也进行了多方面的变革。在奖励方面,有清一代,对文官的奖励规范十分丰富,但核心集中在文官的奖叙制度上。清末时期,随着文官制度的变革,文官奖励制度也在固守传统的基础上,发生了变化。清季最后十年,清廷根据朝臣的建议,正式颁行了各项勋章章程。自此,源自西方的勋章制度正式在古老的中华帝国“落地”。在惩戒制度方面,按旧例,清代文官的惩戒主要分为行政惩戒和司法惩戒两大类。清末时期,文官的惩戒制度在类型上已发生变化,不仅保留了既有的行政惩戒和司法惩戒制度,还出现了纠弹、诉愿、行政诉讼等近代文官惩戒制度之雏形。以后见分析,清末文官制度变革的参照系就是近代西方文官制度。清廷移植近代西方文官制度之直接目的,就是为了弥补自身传统文官制度的缺陷,进而以实现吸纳先进、齐一法制的主观愿望。但在变革传统文官制度的过程中,清廷也刻意保留了部分传统文官制度规范,而保留的目的则是为了维护“本体”。从总体上看,变革后的清末文官制度当属近代文官制度范畴。在留存下来的为数不多的遗产中,清末文官制度变革的主要成果,在损益的基础上,还是被民国历届政府给承继了下来。可以说,清末文官制度变革既有成功之处,也有诸多教训。当回望并总结清末文官制度变革时,我们可发现其虽有诸多方面值得今人反思,但也仍有诸多“资源”以供今人吸收和借鉴。
[Abstract]:The reform of the civil service system in the late Qing Dynasty was carried out under the grand background of the new policy and the preparation of the Constitution in the late Qing Dynasty. The imperial court in the late Qing Dynasty changed the traditional civil service system in order to cooperate with the new deal in the late Qing Dynasty and the preparatory constitutional work; in essence, it was in order to move towards the modern world and carry out the enlightened despotism, which was also prepared in the late Qing Dynasty. The fundamental reason for the constitution to start with the reform of the bureaucracy. Of course, other factors have also had an important influence on the reform of the civil service system at the end of the Qing Dynasty. For example, the reasons for the change of ideological reform and the guidance of the objective practice caused by the defects of the old civil service system have also had an important influence on the change of the civil service system in the late Qing Dynasty. The change of degree began in the reform of the imperial examination system at the end of the Qing Dynasty. As the main way to select talents in the Qing Dynasty, the status and role of the imperial examination system was very prominent. To the late Qing Dynasty, due to the institutional defects of the imperial examination itself, it encountered a very obvious institutional dilemma. The Qing court began to change the traditional imperial examination system. But the pace of change failed to keep up with the subjective imagination of the people, and in the end of the Qing Dynasty, the Qing government finally decided to stop the imperial examination. Before deciding to stop the imperial examination, the Qing government began to imitate the modern western civil examination system, in order to set up a new style that conforms to its own needs. In the late Qing Dynasty, the new style of civil service selection system mainly included the school selection system, the system of selecting officials, the election system of the members of the members, the system of the examination and selection of the judicial officers, etc.. Of course, in the construction of a new civil service selection system, the Qing court also reserved the standard of the traditional civil service selection system. In the late Qing Dynasty, there had been a significant change in the category of civil servants in the late Qing Dynasty. In order to make the appointment of civil servants more consistent with the law of the development of modern civil service, the imperial court made great changes to the system of official official deficiency in the Qing Dynasty in the late Qing Dynasty. On the basis of the transplantation and absorption of the rational kernel of the official system in modern western civil service, the Qing government created a new system of officials and other systems, and resulted in a significant change in the structure of the appointing authority in the late Qing Dynasty. Significant changes have taken place not only in the regulation of civil servants' promotion and supplement, but also in the appointment norms of state magistrates. At the same time, great changes have taken place in the civil service and distribution learning system in the late Qing Dynasty. The rights and obligations of civil officials are important norms within the civil service system. The right to enjoy more is to focus on the economic rights and interests. For example, civil officials enjoy the salary, the public fee and the right to eat, and so on. And the civil duty is more embodied in the service of the imperial power. For example, the duty of loyalty to the king, the duty of no right, and so on. In the last ten years of the Qing Dynasty, due to the gradual transformation of the state's political body, and the imperial power to a certain extent. The rights and obligations of civil officials changed to a certain extent. In the civil service rights, the salary system began to move towards modernization because of the gradual change of the state political system. This is mainly embodied in the basic determination of the principle of pay and pay, that is, the official salary system began to be established. At the end of the Qing Dynasty, the right content of civil servants was expanded, but it was still too narrow, but the civil rights had not been guaranteed by the system. In the end of the Qing Dynasty, the obligations of civil servants were roughly similar to those of the traditional civil servants in the Qing Dynasty, but some of the obligations had changed greatly. In the modern or ancient times, the rulers of all countries attach great importance to the Qing Dynasty, and the Qing Dynasty is no exception. In the late Qing Dynasty, the state institutions were divided into three types of legislation, administration and judicature in the form of at least in the form of the state. Therefore, the system of examination and supervision of civil officials in the late Qing Dynasty also showed new characteristics in theory. In addition, the system of the supervision of civil officials, such as the quasi representative organs and the judicial administrative organs, is still in existence. It is no exaggeration to say that the system of examination and supervision of the traditional civil service in the Qing Dynasty has begun to be "qualitative change" to the end of the Qing Dynasty. This "qualitative change" can be reflected in the civil service examination. At the end of the Qing Dynasty, there were many changes in the reward and punishment system of civil officials in the Qing Dynasty. At the end of the Qing Dynasty, with the reform of the civil service system, the civil service award system was also changed on the basis of adhering to the tradition. In the last ten years of the Qing Dynasty, the Qing government formally promulgated the articles of association according to the advice of the courtiers. From this, the system of medals from the West was formally "landed" in the ancient Chinese Empire. In the Qing Dynasty, the punishment of civil servants was divided into two main categories: administrative punishment and judicial punishment. In the late Qing Dynasty, the disciplinary system of civil officials had changed in type, not only retained the existing administrative punishment and judicial disciplinary system, but also appeared the embryonic form of modern civil service punishment system such as rectified, appeals, administrative litigation and so on. The reference system for the reform of the system is the modern western civil service system. The direct purpose of the Qing court to transplant modern western civil service system is to make up for the defects of its own traditional civil service system, and then to realize the subjective desire to absorb the advanced and unified legal system. But in the process of changing the traditional civil service system, the Qing court also deliberately retained some traditional texts. The official system is standardized and the purpose of the reservation is to maintain the "noumenon". In general, the reform of the late Qing civil service system belongs to the category of modern civil service. In the few remaining legacy, the main achievements of the reform of the civil service system at the end of the Qing Dynasty, on the basis of profit and loss, were inherited by successive governments of the Republic of China. The reform of the civil service system at the end of the Qing Dynasty has both successes and lessons. When we look back and summarize the reform of the civil service system at the end of the Qing Dynasty, we can find that there are many aspects worthy of reflection, but there are still many "resources" for the present people to absorb and draw lessons from.
【学位授予单位】：苏州大学
【学位级别】：博士
【学位授予年份】：2016
【分类号】：D691.4
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本文编号：1978614