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The Punishment And Prevention Of Official Crime In Tang Dynasty

Posted on:2019-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y DuFull Text:PDF
GTID:2416330566996186Subject:Criminal Law
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From a contemporary perspective,the Tang Dynasty was one of the most powerful dynasties in China's feudal society and was the pinnacle of prosperity and opening up of feudal society in China.The rulers of the Tang Dynasty implemented the open-minded idea of "dominantly treating ruling people and refusing to rule the people".To ensure the interests of the ruling class,maintain the stability of the social order,and consolidate the foundations of the ruling,the rule must be implemented through strict control of the intermediate link.One of the fundamental requirements for the administration of crimes is to ensure that the government is clean and clear,and that bureaucratic crimes are strictly prevented,especially bureaucratic corruption and bribery.Therefore,the Tang Dynasty carried out many explorations and practices in the system of preventing and controlling official crimes.In terms of preventing job-related crimes,the legislation of the Tang Dynasty was specific and comprehensive,forming a set of prevention mechanisms with complete content and close cohesion.In punishing job-related crimes,the formation of a wide range of punishing punishments.This article attempts to examine the official crimes of the Tang Dynasty officials,expounding that the Tang Dynasty society's attention to official governance is reflected in the prevention and punishment of bureaucratic crimes,and hopes to inspire contemporary anti-corruption.In addition to the introduction and conclusion,the entire chapter is divided into four chapters,the contents of which are summarized as follows:The first chapter discusses the legislative overview of job crimes in the Tang Dynasty and the types of job crimes.The Tang Dynasty's legislation on duty crimes was extremely comprehensive,from the bureaucrats' recommendation,examination,training,selection andassessment,to the supervision of bureaucrats and the punishing legislation.The types of job-related crimes can be divided into two categories.First,job-related crimes in the general domain mainly include corruption,bribery,and dereliction of duty.The second is the enumeration of the crimes committed by specific subjects.The second chapter discusses the prevention system of official crimes in the Tang Dynasty.The first part outlines the strict mechanism for the election of bureaucrats.It mainly introduces the system of selecting officials for imperial examinations in the Tang Dynasty and the important role of the system in preventing bureaucratic crimes.The second part discusses the careful bureaucratic management system from the aspects of the awarding of official positions based on the results of the students and the determination of the performance of officials in the evaluation of performance.The third section outlines the strict monitoring network formed in the Tang dynasty.The maturity of the monitoring mechanism in the Tang Dynasty played an important role in preventing bureaucratic crimes.The third chapter discusses the punishment of official crimes in the Tang Dynasty.The first part outlines that in addition to the criminal responsibility of the officials in the Tang Dynasty,they must bear the joint criminal responsibility of other people's crimes.The second part outlines the punishment methods of bureaucratic crimes,which are divided into the application of criminal punishment and non-criminal punishment.The third part,based on the discussion of the above two parts,summarizes the characteristics of official crimes in the Tang Dynasty.The fourth chapter summarizes and evaluates the bureaucratic crime prevention and control system of the Tang Dynasty based on the content of the first three chapters.The first part summarizes the characteristics of official punishment and prevention of official crimes in the Tang Dynasty.The ruler of the Tang Dynasty used Confucianism as the basic principle of governing the world to guide official governance.If he seriously violated the regular ethics,he would be severely punished;the bureaucrats' various economies Crime,that is,"defamation" will be severely punished by law;however,relying solely on punishment cannot completely realize governance,combining the prevention methods such as selection,examination,and supervision in the law,and implementing bureaucratic integration as the rule.The second part summarizes the contemporary enlightenment of preventing and punishing bureaucratic crimesin the Tang Dynasty.First,it restrains the privilege of effectively balancing the distribution of benefits in the legal system.Second,it attaches importance to the official performance evaluation.Third,it needs to adjust the scope of accepting bribes in criminal law.
Keywords/Search Tags:The Tang Dynasty, Bureaucratic duty crime, Prevention, Punishment
PDF Full Text Request
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