The Research On Corruption Control Under The Qin Code

Qing Codes was developed based upon Chinese traditional legal systems. It was the most systematic codes in Chinese ancient history, representing the highest status of Chinese feudalistic legal systems. The anti corruption clauses in Qing Codes reflect the understanding of corruption in a feudalistic and Confucian society. Therefore, studying those clauses helps us understand the general rules (trend, common practice) of anticorruption in Chinese history and explores a new and more effective way to prevent the crime.Corruption is usually defined as an official's use of his or her position for purposes of private advantage. When corruption happens, individual interests are pursued and satisfied, while the public ones are ignored and overridden. In Qing dynasty, corruption among the government officials was severe. Officials at different levels corrupted in various ways. They created corruption network in the government and made the fight against corruption extremely hard.Confucianism had heavy impact on the development of Qing Codes. According to the act (code/ clause) of"Ba Yi", the emperors supervised in the investigation and judgment of the corruption cases involved senior officials. Therefore, those cases sometimes were affected by the rules set up by men, rather than by law. However, his participation allowed the emperor to obtain information directly and increased the efficiency of the judgment. There were some strategies preventing corruption documented. For example, the government offered"Bonus for Being Probity"- paying high salary to prevent officials from corruption. In addition to various cruel punishments, the government also established moral examples of probity. Not all strategies in the history were effective. More emphasis should be put on establishing efficient laws to fight against corruption.Three"Basic Corruption Clauses"in Qing Codes were the core of anticorruption laws, addressing crimes such as corruption, bribery, and incomes from unclear sources. Part of the"Mingli"contained instructions about the principles of anticorruption, such as confiscation and fine for corruption, absolution, self confession, the time limit on suing, etc.. The second part of Qing Codes contains six sections in which how anticorruption clauses implemented in different government departments were included. These clauses were applied based upon the three main clauses so that the sentences for various criminal behaviors could refer to the same principles. The same applied to a few clauses in"Mingli". Corruption was addressed in"Illustration of Six Types of Bribe", which had been the first section of all codes since Ming dynasty. Uncovering the crime of"bribe and corruption"to the public reflects the thoughts of Confucianism–regulating one's behaviors according to moral principles and punishing the violation of law.