本文選題：唐明　切入點(diǎn)：立法特點(diǎn)　出處：《知與行》2016年12期

【摘要】：我國歷代封建王朝為了維護(hù)封建統(tǒng)治和穩(wěn)定社會(huì)秩序,對(duì)官員自身及其施政過程進(jìn)行了嚴(yán)格的監(jiān)督,并逐漸形成了一系列較為完整的懲治貪污腐敗的立法制度。唐明是我國古代歷史上兩個(gè)非常重要的朝代,王朝的更迭、經(jīng)濟(jì)的繁榮和秩序的穩(wěn)定容易滋生腐敗,也會(huì)導(dǎo)致國家重視反腐。因此,兩朝的反腐立法制度也異常完整和典型。唐代的反腐立法以《唐律疏議》為代表,內(nèi)容完善,并且寬嚴(yán)適中。明代的反腐立法以《大明律》和《大誥》為代表,輔之各種行政和監(jiān)察手段,體現(xiàn)重刑反腐。立法特點(diǎn)中,唐代講究"法密不嚴(yán)"、官德教化和權(quán)力制約,而明代卻主張"重典治吏"、大興監(jiān)察。在對(duì)唐明立法進(jìn)行比較時(shí)主要從君主個(gè)人經(jīng)歷、法律文本規(guī)定、考課監(jiān)察辦法、官員待遇地位四個(gè)方面進(jìn)行,并得出反腐要寬嚴(yán)適中、吏治要提高官員待遇以及唐明反腐具有階級(jí)局限性的結(jié)論。以史為鑒,當(dāng)下中國反腐可以從加大反腐范圍、抓住關(guān)鍵少數(shù)、建立配套機(jī)制、加強(qiáng)廉政教育和提高薪資待遇等六個(gè)方面吸收借鑒,漸次推行。
[Abstract]:In order to maintain feudal rule and stabilize social order, successive feudal dynasties in China carried out strict supervision over the officials themselves and their administrative process. And gradually formed a series of relatively complete legislation system to punish corruption. Tang Ming is two very important dynasties in the ancient history of our country. The change of dynasty, the prosperity of economy and the stability of order can easily breed corruption. Therefore, the anti-corruption legislation of the two dynasties is also extremely complete and typical. The anti-corruption legislation of the Tang Dynasty is represented by the Tang Law, which is perfect in content. The anti-corruption legislation of the Ming Dynasty was represented by "Da Ming Law" and "Da Letters Patent", supplemented by various administrative and supervisory means, which reflected the heavy punishment and anti-corruption. In the legislative features, the Tang Dynasty paid attention to "the law is not strict", the official morality was educated, and the power was restricted. In the Ming Dynasty, however, it was advocated that "the officials should be treated seriously," and Daxing was supervised. When comparing the legislation of the Tang and Ming dynasties, it was mainly carried out from four aspects: the monarch's personal experience, the legal texts, the supervisory methods of the examination course, the status of the officials' treatment, and the conclusion that anti-corruption should be lenient, strict and moderate. Officials should improve the treatment of officials and the conclusion that anti-corruption in Tang and Ming dynasties has class limitations. Taking history as a mirror, China's anti-corruption efforts can now be carried out by increasing the scope of anti-corruption, grasping the key few, and establishing a supporting mechanism. Strengthen clean government education and raise salary treatment to absorb and draw lessons from, carry out step by step.
【作者單位】： 蘇州大學(xué)王健法學(xué)院;
【分類號(hào)】：D929
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本文編號(hào)：1673400