蘇天爵及其法制實(shí)踐與思想
發(fā)布時(shí)間：2019-03-26 10:19
【摘要】：蘇天爵是元朝中后期的一位漢族名臣,同時(shí)還是卓有成就的歷史學(xué)家。在元朝,無(wú)論在政治上還是學(xué)術(shù)上,他都有著廣泛而深遠(yuǎn)的影響,明清以來(lái)也一直受到史家的高度評(píng)價(jià)。 元仁宗延yP四年(1317),蘇天爵以國(guó)子學(xué)貢舉考試第一名踏上仕途,開(kāi)始了他長(zhǎng)達(dá)三十多年的為官生涯。他曾長(zhǎng)時(shí)間任職憲臺(tái),晚期又主要在監(jiān)察系統(tǒng)任職,先后任監(jiān)察官員達(dá)八次之多,這也是他一生仕履中成績(jī)突出而最受人稱(chēng)道的經(jīng)歷。在任臺(tái)察官員時(shí),針對(duì)吏治與獄政的種種弊端,他表現(xiàn)出高尚的為政品德,顯現(xiàn)出了高度的政治才能和責(zé)任心。他廉潔奉公,不畏朝廷強(qiáng)權(quán)和地方豪紳勢(shì)力,盡其所能地維護(hù)司法公正,平反冤獄,打擊貪腐,以解救百姓危困為已任。同時(shí),他總是積極上書(shū)朝廷,不斷指出法制系統(tǒng)的弊端,提出司法改革的建言。他提出,應(yīng)通過(guò)不斷完善司法管理制度和強(qiáng)化法官自身素質(zhì),達(dá)到“正紀(jì)綱以修憲度”的目標(biāo)。為此,他提出了許多具體的方針和措施,例如選廉任能、培養(yǎng)司法人才、修改刪除不合時(shí)宜的律條、健全法律體制等,由此而形成一套解決元末吏治敗壞、獄政管理混亂的理念與辦法。這些措施對(duì)于維護(hù)元朝統(tǒng)治,減輕百姓痛苦,改善吏治狀態(tài)等都起到一定作用,也成為元朝法制系統(tǒng)的重要構(gòu)成部分。盡管他的努力并不能匡正大元王朝貪腐泛濫、法制敗壞的大局,更不能挽大廈于將傾,但畢竟給百姓帶來(lái)一點(diǎn)實(shí)惠,功德自在人心,被百姓稱(chēng)之為“蘇青天”。蘇天爵是元后期少有的有作為有擔(dān)待的漢族政治家,是元朝為數(shù)不多的受到朝野同聲贊譽(yù)的官員。蘇天爵還以極大的精力關(guān)注有元一代的歷史,孜孜不倦的收集史料和撰寫(xiě)國(guó)史,留下了多種極具價(jià)值的著述,是有元一代最有成就的史學(xué)家,在中國(guó)史學(xué)史上占有一定地位。 在元朝法律典章制度缺失,相關(guān)資料又相對(duì)匱乏的情況下,蘇天爵在監(jiān)察系統(tǒng)的實(shí)踐活動(dòng),以及保存下來(lái)的奏疏文章等,不但是研究他本人法制思想和元代法制問(wèn)題的重要資料,也是中國(guó)古代法制史上的重要資料。作為一代名臣,蘇天爵的生平值得系統(tǒng)研究,他的師承與交游也值得深入觀察,以見(jiàn)在蒙元政權(quán)下的漢人士大夫群體的活動(dòng)特點(diǎn)。總結(jié)他法制實(shí)踐和思想,無(wú)論對(duì)元史研究而言,還是對(duì)中國(guó)古代法制史的研究而言,顯然都具有一定學(xué)術(shù)價(jià)值,在元史研究領(lǐng)域里,也有一定的拓展意義。
[Abstract]:Su Tianjiao was a famous Han minister in the middle and late Yuan Dynasty, and also an accomplished historian. In Yuan Dynasty, he has a wide and far-reaching influence both politically and academically, and has been highly praised by historians since Ming and Qing dynasties. Yuan Ren Zong Yan YP (1317), Su Tianyue took the first place in the national school examination, and began his official career for more than 30 years. He served as a constitutional authority for a long time, mainly in the supervisory system at a later stage, and served as a supervisory officer for as many as eight times. This was also one of the most commendable and outstanding achievements of his official duties in his life. When he was an official in Taiwan, he showed high political ability and sense of responsibility in view of all kinds of malpractices of official administration and prison administration. He was honest and honest, did not fear the power of the court and local gentry forces, tried his best to safeguard judicial justice, rehabilitate the unjust prison, crack down on corruption, and save the people from danger. At the same time, he always actively wrote to the court, constantly pointed out the shortcomings of the legal system, and put forward suggestions for judicial reform. He proposed that the goal of "positive discipline to amend constitution" should be achieved by constantly improving the judicial management system and strengthening the quality of judges themselves. To this end, he put forward many specific policies and measures, such as the election of integrity, the training of judicial personnel, the amendment and deletion of outdated laws, the improvement of the legal system, and so on, thus forming a set of solutions to the corruption of official governance at the end of the Yuan Dynasty. The idea and method of chaotic management of prison administration. These measures play a certain role in maintaining the Yuan Dynasty's rule, alleviating the people's suffering and improving the state of official administration, and have also become an important part of the Yuan Dynasty's legal system. Although his efforts could not correct the overrun of corruption in the Great Yuan Dynasty, the general situation of the corrupt legal system, and the fact that he could not link up the mansion, he brought a little practical benefit to the people after all, and was called "Su Qingtian" by the common people. Su Tianjiao was a rare Han statesman in the late Yuan Dynasty and one of the few officials praised by both the government and the opposition in the Yuan Dynasty. Su Tianyue also paid great attention to the history of the Yuan Dynasty, collected historical materials and wrote the national history tirelessly, leaving behind a variety of valuable works, which is the most successful historian of the Yuan generation, and occupies a certain position in the history of Chinese historiography. In the absence of a system of laws and decrees in the Yuan Dynasty, and the relative lack of relevant information, Su Tianjiao's practical activities in the supervisory system, as well as the preserved articles, and so on, It is not only an important material to study his legal thoughts and legal problems in Yuan Dynasty, but also an important material in the history of legal system in ancient China. As a generation of famous courtiers, Su Tianyue's life is worthy of systematic study, and his teaching succession and acquaintance are also worthy of in-depth observation in order to see the characteristics of the activities of the Han personage-doctor group under the Mongol-Yuan regime. To sum up his legal practice and thought, both for the research of Yuan history and for the study of Chinese ancient legal history, obviously has certain academic value, and also has certain expanding significance in the research field of Yuan history.
【學(xué)位授予單位】：暨南大學(xué)
【學(xué)位級(jí)別】：博士
【學(xué)位授予年份】：2010
【分類(lèi)號(hào)】：K247
[Abstract]:Su Tianjiao was a famous Han minister in the middle and late Yuan Dynasty, and also an accomplished historian. In Yuan Dynasty, he has a wide and far-reaching influence both politically and academically, and has been highly praised by historians since Ming and Qing dynasties. Yuan Ren Zong Yan YP (1317), Su Tianyue took the first place in the national school examination, and began his official career for more than 30 years. He served as a constitutional authority for a long time, mainly in the supervisory system at a later stage, and served as a supervisory officer for as many as eight times. This was also one of the most commendable and outstanding achievements of his official duties in his life. When he was an official in Taiwan, he showed high political ability and sense of responsibility in view of all kinds of malpractices of official administration and prison administration. He was honest and honest, did not fear the power of the court and local gentry forces, tried his best to safeguard judicial justice, rehabilitate the unjust prison, crack down on corruption, and save the people from danger. At the same time, he always actively wrote to the court, constantly pointed out the shortcomings of the legal system, and put forward suggestions for judicial reform. He proposed that the goal of "positive discipline to amend constitution" should be achieved by constantly improving the judicial management system and strengthening the quality of judges themselves. To this end, he put forward many specific policies and measures, such as the election of integrity, the training of judicial personnel, the amendment and deletion of outdated laws, the improvement of the legal system, and so on, thus forming a set of solutions to the corruption of official governance at the end of the Yuan Dynasty. The idea and method of chaotic management of prison administration. These measures play a certain role in maintaining the Yuan Dynasty's rule, alleviating the people's suffering and improving the state of official administration, and have also become an important part of the Yuan Dynasty's legal system. Although his efforts could not correct the overrun of corruption in the Great Yuan Dynasty, the general situation of the corrupt legal system, and the fact that he could not link up the mansion, he brought a little practical benefit to the people after all, and was called "Su Qingtian" by the common people. Su Tianjiao was a rare Han statesman in the late Yuan Dynasty and one of the few officials praised by both the government and the opposition in the Yuan Dynasty. Su Tianyue also paid great attention to the history of the Yuan Dynasty, collected historical materials and wrote the national history tirelessly, leaving behind a variety of valuable works, which is the most successful historian of the Yuan generation, and occupies a certain position in the history of Chinese historiography. In the absence of a system of laws and decrees in the Yuan Dynasty, and the relative lack of relevant information, Su Tianjiao's practical activities in the supervisory system, as well as the preserved articles, and so on, It is not only an important material to study his legal thoughts and legal problems in Yuan Dynasty, but also an important material in the history of legal system in ancient China. As a generation of famous courtiers, Su Tianyue's life is worthy of systematic study, and his teaching succession and acquaintance are also worthy of in-depth observation in order to see the characteristics of the activities of the Han personage-doctor group under the Mongol-Yuan regime. To sum up his legal practice and thought, both for the research of Yuan history and for the study of Chinese ancient legal history, obviously has certain academic value, and also has certain expanding significance in the research field of Yuan history.
【學(xué)位授予單位】：暨南大學(xué)
【學(xué)位級(jí)別】：博士
【學(xué)位授予年份】：2010
【分類(lèi)號(hào)】：K247
【相似文獻(xiàn)】
相關(guān)期刊論文 前10條
1 武香蘭;;元末名臣蘇天爵監(jiān)察活動(dòng)研究[J];牡丹江大學(xué)學(xué)報(bào);2011年04期
2 周雪根;;再論蘇天爵與實(shí)錄——與溫嶺、陳高華、孟繁清等先生商榷[J];長(zhǎng)江論壇;2009年01期
3 周雪根;;《國(guó)朝文類(lèi)》研究芻議[J];江西師范大學(xué)學(xué)報(bào)(哲學(xué)社會(huì)科學(xué)版);2009年04期
4 周雪根;;宋，
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