An Analysis Of The State County Petty Official Crime And Its Judicial Practice In Ming Dynasty

The petty official crime question has produced since pre-Qin government official system has existed, moreover along with feudal society's development, this kind of question is day by day prominent, in feudal society's last stage Ming Dynasty especially so. In the Ming Dynasty, petty official in state county office, although does not have no right,but actually play the influential role in the place society.this kind of status obtained also enables it to have deceived the military iffucer, to play with the authority, the extort by threats people wealth condition, thus has also urged it "sought for profit anxiously the point of view" the obviousness. This point we may obtain widespread manifestation from "The Pledge of Meng Shui Zhai". Has recorded many in this book about the petty officials in the place crime trial case, from a case's analysis may discover that the petty official crime affects each aspect, like "administrative crime", "judicial crime", "property crime", "in supervisory system's crime" and so on. Creates the petty official crime the reason is various, except the imperial civil service examination system, no matter what under the government system "the official quality question", under the Ming Dynasty complicated official documents, the law, the memorial presented to the emperor "officialism is in flood day by day the question" outside, but also has the petty official interior network with the external relations under "the petty official group's network question", but investigates its fundamentally, the absolute monarchy itself had the inextricability problem.Facing the so stern petty official crime question, Mingtaizu Zhu Yuanzhang from will construct bright later to adopt "the severe laws will govern the government official" the national policy actually to reorganize the administrative style and achievements of local officials, however the effect will not be obvious, the petty official crime's phenomenon was still very prominent. In view of petty official crime questions, also causes the ruling circles top-down resonsideration, some have the sense of responsibility official and the rural gentry state opinion in abundance construct the plan, these countermeasures the collection is finally "the grain long system", "a whip system", "the assistant system" implementation, "the gentleman person sufficient government official", "the volume petty official", "lodges the feudalism in the prefectures and counties" thought starting, but also has some honest officials "the right person to practice self-cultivation, to tie the petty official strictly" sets an example and so on. However these countermeasures implement cannot fundamentally solve the petty official crime problem, petty official's harm still generally exist. But this article discussion, is also wants to go to the dialysis petty official crime question from the local official judicature practice angle, thus also enables us the clearer understanding petty official crime reason, achieves the caution function which reflects ancient knows, this in the certain extent is also advantageous in us the question which implements to the present civil service regulations exists has the ponder.