Research On Anti-corruption In Traditional Legal System

Combating corruption and realizing the clean politics is a historical issue,which is that the ancient government and benevolent people have been working hard for.The ancients exerted their talents and foresight in exploring anti-corruption policies and strengthening officials' restraint and supervision,which is in order to result in a rich and distinctive anti-corruption ideology and legal system.In the long history,the traditional Chinese anti-corruption legal system's design and practice have also been continuously developed and improved,and accumulated a lot of experience.These are wisdom and resources left to us by history.It still has a strong practical significance on the anti-corruption of our country's current rule of law,especially on the supervision and monitoring work.The investigation starts with the leads of “point-line-face”layer-by-layer evolution,which means to grasping the important ideological points and the main institutional lines,then observing the social practice surface.It starts with summarizing the domestic and foreign scholars on the four levels of the ancient Chinese legal system anti-corruption,the ancient supervision system,the Ming Dynasty supervision system and the Patrol System of Ming Dynasty,which helps to clear the perspective of the research of the paper and the breakthroughs from the existing research results.It should clarify the anti-corruption thoughts in ancient China.Because these ideas contain the wisdom of many ancestors and play an important guiding role in the ancient anti-corruption laws and system design.It could be understand mainly from five aspects :the principle of governing the country is virtue,the rule of governing officials is law,the principle of selecting officials is meritocracy,the method to promote honesty and integrity is salary,to know officials probity or not is relying on supervision.Thoughts is the precursor of behavior and the cultural basis of the system.In order to explore a series of legislation and system design in the ancient despotic country around anti-corruption,it is continued with the changes of the dynasty as a clue to sort out the more important selection system,such as avoidance system,performance appraisal system,supervision system,salary system,punishment system,which is from the different levels and stages of anti-corruption,then evaluating and summarizing separately.Except the system design,the investigation of anticorruption in the traditional Chinese legal system cannot ignore the discussion of the system practice level.The Patrol System of the Ming Dynasty is an ingenious design.It is a typical representative of supervision system in the Ming Dynasty,and also embodies the characteristics of the ancient supervision system.Selecting the Ming Dynasty patrol system as a practical point of view,clarifying the anti-corruption responsibilities of patrols,and the characteristics of the power.Analyzing the supervision to the Patrol System of the Ming Dynasty and the ineffectiveness of the supervision.Summing up the actual effects of patrolling the officials in Ming Dynasty on clarifying the official administration,including the positive and negative effects.Reflection on causes of patrols changed from anti-corruption officials to corrupt officials in practice in the middle and late of the Ming Dynasty,which is from three aspects of the Patrol System,such as system design,operation mechanism and supervision measures.Based on it,taking the Patrol System of the Ming Dynasty as the starting point,expanding the formulation and implementation of the entire anticorruption legal system,and summarizing regular experience and lessons of the ancient anti-corruption legal system,discovering two sides of it:these are worthy of recognition which are selecting character officials,enacting strict law,paying attention on foreign-body supervision,and enforcing punishment strictly;there also need to abandon which is ruling by man,regarding law as a tool,weak supervision and unfair law.The wheels of history is rolling forward.The construction of the anti-corruption legal system still receives much attention in the process of state development from modern to contemporary.The excellent traditional anti-corruption legal culture is showing strong vitality at this time,especially the many shining points of the supervision system and the Patrol System,which has had a profound impact on the supervision and inspection work from modern to contemporary.Connecting the experience and limitations of the anti-corruption of traditional Chinese legal system,clarifying the heritage of the ancient supervision system and the Patrol System of the Ming Dynasty from ancient to the present,we could find some enlightenment and references.At present,our national supervision system has been inaugurated,achieved results and is still on the road to in-depth reform.As an important internal supervision system of the party,the inspection system has been implemented for a long time and has achieved remarkable results but can be improved.Starting from the practical problems of our country's current supervisory system and inspection system,on the one hand,deepening the reform of the supervision system can seek improvement and perfection in terms of perfecting system design,clarifying functional positioning,and focusing on internal and external supervision.On the other hand,to promote the introduction and innovation of the inspection system,we can start from strengthening inspection team management,improving inspection work methods,and promoting the implementation of inspection results,it helps to achieve confident,efficient,and effective internal party supervision.The current supervision system and inspection system are still undergoing modern conversion and application of anti-corruption of the traditional legal system's achievements.It is necessary to explore the modern value of traditional anti-corruption legal system further,in order to improve our country's supervisory system and inspection system,and it also need to keep in line with the development of the nation and the times.