Study For The Supervisory Power And Its Restriction In Tang Dynasty

The division of power and the restriction of supervisory power in the Tang Dynasty were deeply influenced by the legal system and supervisory thought in the Tang Dynasty.The legal system thought of the Tang Dynasty was based on morality and punishment,so the rulers believed that etiquette and law were indispensable for the rule.As one of the fundamental guiding principles of governing the country,the legal system thought had a wide influence in the Tang Dynasty,and the development of the supervisory thought was affected by it.As they understood the importance of the legal system,so they regarded highly imperial censor;As they understood that imperial censor had grasped a bigger power,so they were exploring the balance of power.Moreover,the rulers and the founding monarchs and ministers of the Tang Dynasty witnessed the decline of the Sui Dynasty.In order to avoid repeating the same mistakes,they actively summarized the historical lessons,learned from the experience of Emperor Yang of the Sui Dynasty,who pursued meritorious service without restriction and didn’t accept expostulations causing Sui Dynasty to die.Therefore the Tang Dynasty have nurtured the broad-minded and well-advised supervisory thinking.All of these thoughts have greatly promoted the construction of the supervisory power restriction mechanism in the Tang Dynasty.Adhering to the supervisory thought of valuing the imperial censor,the supervisory power of the Tang Dynasty was more reasonably distributed in the three courtyards of the censorate in Tang Dynasty,which restricted other powers.Adhering to the well-advised supervisory ideology,the remonstrators in Secretariat and ministry of supervision in Tang Dynasty had the power of expostulation and refutation to restrict other powers.Because of adhering the supervisory thought of the balance about powers,the supervisory power was also restricted by the use of imperial power,prime minister power and administrative power.The supervisory power of the Tang Dynasty was reasonably allocated,which was evenly divided by the imperial power into the imperial censor,the local supervisory systems and the remonstrance systems.The supervisory power of the imperial censor was divided into three court.The Tai court corrects the central bureaucrats,the Dian court corrects the officials,the Cha court patrols the states and counties,and the three courts use their supervisory power to restrict the power of the Tang Dynasty in many ways.The supervisory power of the local supervisory system mainly lies in the state government’s officials and patrol officials.The supervisory power of the state government’s officials is subordinate to the local administrative power,which restricts the administrative power of the local bureaucrats.The supervision power held by the patrol envoy is used as a remedy for the restriction of the supervision of the imperial censors and the state government’s officials,and the local supervision power is restricted according to the different supervision areas.The supervisory power controlled by the remonstrance system is also known as the Jianzheng power and the Fengbo power.The Jishizhongs controls the Fengbo power,and the other remonstrators control Jianzheng power to restrict the imperial power and the power of hundreds of officials.The restriction of the supervisory power in the Tang Dynasty also came from a lot of dimensions,which include the restrictions within the censorate in Tang Dynasty,the restrictions from the examination system,the restrictions from executive power of the Sansheng department and the restrictions from the imperial power and power of a prime minister.Above these restrictions,The imperial power and the power of a prime minister were the most direct and effective forces restricting the supervisory power in the Tang Dynasty.The imperial power includes the final personnel power of the supervisor and the final decision power of the supervising.No matter what attribute of the imperial power,it can restrict the supervisory power.The power of the prime minister can restrict the power of supervision through the power of personnel,or directly affect the impeachment procedure of the Tang Dynasty and then restrict the power of supervision through the power of the prime minister.There is also a restriction mechanism on the supervisory power in the imperial censorate.The independent impeachment power of the imperial censorate can restrict the supervisory power of the officials and the prime minister within the department,while the "Guanbai " system of the imperial censorate restricts the supervisory power of the imperial censors.The executive power also has restrictions on the supervisory power.The ”Jinzhuang” involved in the Secretariat and ministry of supervision makes censors need to report to them while performing supervisory power.The right and left Puye and the right and left ministers of the Secretariat can correct the impeachment from the imperial censors.The examination system,through the "four good" and "twenty-seven most",has created dual constraints on the supervisory power from morality and power.The supervisory power of the Tang Dynasty and its restriction provide us with enlightenment from history.There are many revelations in the restriction of the supervisory power to other powers in Tang Dynasty and the restriction of supervisory power in Tang Dynasty.Within the aspect of the supervisory power had restricted other powers,the enlightenment has three points.First of all,the dependence of the supervisory power for the imperial power had directly led to the serious damage to the independence of the supervisory power,so that the supervisory power lost its restrictive effectiveness.Secondly,based on the limitations of the Tang Dynasty’s supervisory power attached to the imperial power,we should make the supervisory power as independent as possible from the level of a country ruled by law.Finally,we should learn from the local supervision system of the Tang Dynasty and build the local supervision power from both passive and static aspects.The restriction of the supervisory power in the Tang Dynasty also has three implications.First,referring to the division of power system in the Tang Dynasty,we can use the power of organization of state power and procuratorial institution to restrict the supervisory power of our country through the division of power theory.Second,we should learn from the "Guanbai system" and "Jinzhuang system" of the Tang Dynasty to improve the reporting procedures for exercising the supervisory power,in order to restrict the supervisory power.Underneath the combination of ancient and modern,using the "virtue" and "conduct" that meet the modern rule of law standards conducts regular assessment on the supervisors restricting the supervisory power.