Font Size: a A A

The Governance Of Corruption And Bribery Crimes In Qing Dynasty And Its Mirror Study

Posted on:2022-07-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:K J ChenFull Text:PDF
GTID:1486306344985489Subject:China's legal culture
Abstract/Summary:PDF Full Text Request
This paper mainly studies the general situation of punishing corruption and bribery crime in qing dynasty,including the legal text,typical cases,the characteristics of the case,and the characteristics of punishment of corruption and bribery crime in qing dynasty.through studying the changes of punishing corruption and bribery crime in different dynasties before and after qing dynasty,it analyzes the success and failure of punishing corruption and bribery crime in qing dynasty as well as the restricting factors,and puts forward suggestions for further improving the current anti-corruption work.Firstly,it studies the legal text analysis of corruption and bribery crimes in Qing Dynasty,the qing dynasty to punish corruption and bribery crime legal text is mainly“qing statutes”.Charges are mainly set up in the“criminal law”,such as“guarding against theft”,“officials by money”,“after the money”and other basic crimes of corruption and bribery,“law of name and example”“household law”“work law”“military law”and other departments in the law also have provisions on the punishment of corruption and bribery crime,is to punish corruption and bribery crime.When studying the provisions of the crime of corruption and bribery in the statutes of the great qing dynasty,according to the classification method of charges,this paper summarizes and analyzes the crime of corruption,bribery and bribery.Secondly,it studies the main measures to control corruption and bribery crimes in the Qing Dynasty.In addition to the relatively strict legal system in the Qing Dynasty,based on the idea of punishing corruption and advocating clean government by officials,a comprehensive policy was implemented through a variety of ways to form a system to prevent and punish corruption and bribery crimes.For example,pay attention to the selection and evaluation of officials to improve the overall quality of officials;Pay attention to the supervision of officials,in order to reduce the occurrence of official corruption and bribery crime;Through strictly crack down on corruption and bribery crime,especially group crime,to achieve put in order bureaucracy;By paying attention to moral education,paying attention to the protection and praise of honest officials,advocating high salary and honesty,and creating a good official atmosphere.Thirdly,it studies the characteristics and punishment of corruption and bribery crimes in Qing Dynasty.Firstly,the typical cases of corruption and bribery in various dynasties in Qing Dynasty are introduced.By analyzing the major cases of corruption and bribery in Qing Dynasty,the characteristics of bribery are summarized,such as various channels,various means,multiple crimes,huge amount,collusion between the upper and lower sides,common bribery,audacity,and committing crimes against the wind.In the punishment measures of corruption and bribery crimes,the main line is to punish corruption and bribery cases of governors and high officials in Qianlong Dynasty,and the punishment measures of corruption and bribery cases in Qing Dynasty are analyzed in combination with cases in other dynasties.The punishment of corruption and bribery in Qing Dynasty is generally divided into several links,such as title reference,preliminary investigation,dismissal,investigation,confiscation of family property,conviction according to law,case review,emperor's ruling,penalty execution and so on.From the practice of corruption and bribery in Qing Dynasty,we an see that it has the following characteristics:the efforts to punish corruption are different before and after,even in the same dynasty,some monarchs' efforts to punish corruption also changed,and they were random.The imperial power was directly involved,and the emperor often handled major corruption and bribery cases personally.Severely punish group corruption,and for collective corruption and bribery cases,it embodies the policy of punishing them strictly and promptly,catching them all and never tolerating them.To strengthen the punishment of dereliction of duty officials,officials investigating corruption and bribery cases will be severely punished if they are ineffective in handling cases or deliberately sheltered.It embodies the system of joint and several liability,that is,once an official commits corruption and bribery,officials with supervisory duties and even family members will be punished.Then it analyzes the restricting factors of governing corruption and bribery crime in Qing Dynasty.In the Qing Dynasty,the feudal society and some unreasonable institutions had an impact on the punishment of corruption and bribery.These factors include the privatization of public power,the centralization of administrative power,the rule of man,the influence of traditional farming culture,the influence of traditional bad rules and regulations,the influence of petty officials system,and the decline of supervisory power.All of these have weakened the actual effectiveness of corruption and bribery crimes in the Qing Dynasty.The last part is the reflection and mirror of corruption and bribery in qing dynasty.Although the qing dynasty governance corruption and bribery crime has played a certain effect,but on the whole is a failure.First of all,it analyzes the effectiveness of the governance of corruption and bribery crime in the Qing Dynasty.Through the fight against corruption and bribery crime in the early and middle of the Qing Dynasty,it played the role of official administration in put in order and purified the atmosphere of officialdom.At the same time,it also reduced the burden of the people and maintained social stability.To punish corruption and bribery crimes,raid officials'property,to a certain extent,the accumulation of silver to enhance national strength.Secondly,it analyzes the shortcomings of the governance of corruption and bribery crimes in the Qing Dynasty.The shelving of the law led to some acts of corruption and bribery getting used to it.The politicization of punishing corruption resulted in the failure to comprehensively crack down.The intentional protection of the supreme ruler affected the effect of punishment.The anti-corruption policy tightened first and then relaxed,resulting in continuous corruption and bribery.As a result,the trend of corruption and bribery in the whole officialdom prevailed in the late Qing Dynasty,and the Qing government's downfall could not be reversed.To reflect on the governance of corruption and bribery in the Qing Dynasty,it used the law as a tool,and did not adhere to the principle of equality when punishing corruption and bribery.It also had a large loophole in the selection of officials,and did not maintain continuity and institutionalization in punishing corruption and bribery and the construction of a clean and honest government culture.Therefore,it was bound to fail.Based on the lessons learned from punishing corruption and bribery in the Qing Dynasty,we should establish a scientific mechanism for the selection of officials,strengthen the supervision and restriction of the operation of power,severely punish the criminal acts of corruption and bribery according to law,and strengthen the construction of a clean and honest government culture so as to further strengthen the institutionalization,systematization and normalization of the anti-corruption work and promote the anti-corruption work to a new level.
Keywords/Search Tags:Qing Dynasty, Daqing statutes, corruption and bribery, governance, reference
PDF Full Text Request
Related items