本文選題：訴訟　切入點：職官有犯　出處：《河北學(xué)刊》2017年04期 　論文類型：期刊論文

【摘要】：職官有犯,即職官有犯罪的行為。明代針對職官有犯的訴訟有明確法律規(guī)定,事涉官吏自己的事情,不允許官吏本人訴訟;民人對職官有犯的訴訟可以避開本管官,但必須是受害者,只能夠訴訟該官不法行為,卻不能夠告己事。由于職官有犯的訴訟限制,不但使對職官的訴訟變得困難,因受理規(guī)定的缺失,還增加了訴訟風(fēng)險。為了實施對官吏的有效監(jiān)督,明王朝曾經(jīng)出臺一些補救措施,卻沒有形成有效的制度。職官有犯的訴訟渠道不暢通,除了制度的原因,也受到君主專制與官僚政治的影響,最終使社會認(rèn)可職官有犯的訴訟之難。即便如此,明代在職官有犯訴訟方面的努力,還是可以得出一些有益的啟示。
[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.
【作者單位】： 南開大學(xué)周恩來政府管理學(xué)院;
【分類號】：D929;K248
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本文編號：1617108