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Research On The System Of The Selection,Appointment And Management Of Supervisory Officials In Tang Dynasty

Posted on:2019-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z FangFull Text:PDF
GTID:2346330542454313Subject:Legal history
Abstract/Summary:PDF Full Text Request
In ancient China,it was a more rigorous measure for the supervising of central and local peers through supervisory officials compared with the official selection and appointment system.However,until the Qin Dynasty,there had been no dedicated supervisory officials in place.As a component of the centralized and authoritarian feudal government,the supervisory system was originally instituted in Qin Dynasty,aiming to safeguard the rules and customs and consolidate the governance by cracking down dereliction and failure of etiquette.It evolved through the Han,Wei,Jin and Sui dynasties with increased soundness of supervisory bodies and standardization of supervisory institution,as well as sophistication of responsibilities.It eventually thrived in Tang Dynasty.As a whole,the supervisory system played an important role in safeguarding the effective rule of dynasties.It is of great importance to learn from the system of the selection,appointment and management of supervisory officials in Tang Dynasty for us to build an effective and capable supervisory team that follows the rule of law,speed up the legislation of the State Supervisory Law and improvement of the institutions and systems to crack down on corruption,and eventually to fulfill our goal to build China as a great country that is ruled by law.This paper is divided into three parts.Part One consists of Chapter Two,Three,Four,Five and Six.This part gives an in-depth analysis of the construction of the supervisory official team in the Tang Dynasty and its supervisory effect.First,in terms of the setting of the fixed official number.It introduces the supervisory official establishment in the Tang Dynasty,including the central supervisory official as grandee secretary and imperial minister,and supervisory censor with strictly fixed number.The officials consisting of formal supervisory officials and temporarily assigned supervisory officials,by whom to supervise officials in the central government,ministry and local government.Secondly,in terms of supervisory duties,it elaborates on the definite duties of supervisory officials in different categories.The grandee secretary and imperial minister are responsible for law and discipline,rituals and government discipline;ministerial censors for six duties including exposing other corrupt officials and impeaching them,participating in the judiciary trials,and hearing cases,etc.;attendant censor for the imperial sacrificial rituals;supervisory censors for supervising six ministries,and officials in each prefecture and county;Chuzhi censor,army censor for local or temperature supervisory task.Thirdly,in the selection of officials,the selection mechanism,it mainly introduces standard and process of supervisory officials,namely high-ranking supervisoryofficials are selected by the emperor in person,the medium and lower-level supervisory officials are selected by the Ministry of Official Personnel Affairs.The selection pays attention to the learning and personality of officials,especially selecting those officials who are virtuous in moral character,hate injustice like poison,and are honest and upright;in addition,it pays special attention to supervisory officials' working experience in the prefecture and county,and take assignment evasion as the precondition for the selection of supervisory officials.Fourthly,in the assessment of supervisory officials,it introduces the assessment method for supervisory officials in the Tang Dynasty,focusing on assessment of "virtue","performance" and "dereliction of duty" of supervisory officials.A variety of measures,including material reward,legal rewards and punishment,administrative accountability and conscience torture are adopted so that officials with ability are promoted quickly,while officials with fraudulent supervision are punished.Fifthly,in terms of roles played by supervisory officials,it introduces supervision of the legislative process for supervision in the Tang Dynasty and the basis for law enforcement by supervisory officials,highlighting the exercise of the impeachment power which has attracted the common people's concern.Part Two is Chapter Seven.It mainly introduces the new task faced by supervision team construction in the new era.Firstly,it briefly introduces the role of the Tang Dynasty's supervision team construction on Song,Yuan,Ming,and Qing dynasty's strengthening of national supervisory organ construction,and introduces the development and growth process of the competent and highly efficient supervision team of new China;secondly,it elaborates that in the new era of socialism,the national supervision team faces the problems that the anti-corruption situation is complicated,the idea of the rule of law in anti-corruption work needs to be further strengthened,the way of the rule of law needs to be improved,the current legislation of the state supervision law needs to be continuously connected with the early stage;and the political quality and professional quality of the individual person in the state supervision team need to be further improved,the cadre team construction and organizational system need to be further improved,the supervision law coverage is not comprehensive,and other problems.Part Three is Chapter Eight.By drawing lessons from the practice of the supervision team construction in Tang Dynasty,it explores the new tasks faced by China's supervision team construction,and puts forward three aspects of countermeasures and suggestions to strengthen China's supervision team construction in present stage of “higher quality standard,accurate selection and appointment,strict supervision and management,strong organization guarantee,firm basis of the rule of law”.Firstly,on the standards of the supervision team,shall select the supervision cadres according to the principles of absolute loyalty,proficient in business and daring to bear.Secondly,establish a strong and powerful iron supervision team,suggest formulating cadres' post supervising standards,law enforcement standards,exchange and usage rules,as well as promotion and demotion mechanism,improve the legalization level of law enforcement and discipline execution;suggest formulating and launching the Law of Supervisor and Organization Law of Supervisor,define the supervisor's supervision scope,supervisor's responsibility,rights and obligations,assessment rewards and punishments,wages,welfare and other contents.Suggest strengthening the education and training of Supervisor,suggest setting up the self–check of Supervisor,the National People's Congress supervision,social supervision,media supervision,Supervisor punishing and warning system as well as other management systems,further deepen the supervision mechanism construction,strengthen the organization guarantee,and ensure that the Supervisors fulfill the duty.Thirdly,consolidate the legal basis of supervision work from the foundation.The legislation of the national supervision law always takes the people's interest and the people's demand as the starting point and the focal point,which is connected with the Constitution,also connected with the Criminal Law,Criminal Procedure Law,State Compensation law,as well as the laws,party discipline and party rules.Propose to enlarge the bribery scope of the crime of bribery acceptance,crack down political and economic mixed crimes,etc.;and put forward to establish the vertical supervision management system below provincial level and other suggestions.
Keywords/Search Tags:Tang Dynasty, Supervisory Official, Granting System, Impeachment
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