A Study On The Restriction Of Officials' Rights In Tang And Song Dynasties

Since China's reform and opening up,people's living standards have greatly improved,and the country's comprehensive strength has also achieved a leap-forward growth.However,due to the influence of such factors as the speed of development,corruption and inaction are very common among civil servants in China,which have a great impact on the development of the country and directly affect the smooth implementation of socialist modernization in China.Han Feizi said,"The rulers of the Ming Dynasty do not rule the people." In the period of feudal society in China,in order to govern society more efficiently,the ruling class realized social governance mainly by "governing officials".As the "tentacles" and "hands and feet" of the ruler,the officials should be given corresponding administrative power while assuming management functions.However,the conferral of administrative power will inevitably put officials in a detached position relative to the common people,which is a "political advantage" necessary for promoting administrative efficiency and fulfilling management responsibilities.However,once this "advantage" runs out of control,it must cause serious harm to the ruling order.Therefore,the rulers will restrict and restrict the public power of officials,so that they can operate power strictly according to the wishes of the rulers.However,officials do not live in a "vacuum",and they are also exposed to complex social life,such as dealing with people,marriage,funeral,shopping and entertainment.Because officialdom has a dominant position in politics,and this "political advantage" has "extensibility",it will penetrate into all aspects of officialdom social life,so that it also has an undesirable "dominant position" in social life.Therefore,since you have detached power,you should sacrifice some social rights,so as to cut off the infiltration chain between "power" and "right",so as to achieve the results of good official governance.From a certain point of view,it is of great practical significance to restrict the private rights of officials for the rise and fall of the country and the governance of disorder.Therefore,the five thousand years of Chinese civilization history attaches great importance to the governance and restraint of officials.Throughout the Tang and Song Dynasties,from the fundamental point of view of achieving good social governance and consolidating the political power,the rulers' legal provisions on restricting the private rights of officials were relatively perfect,including business operation,marriage objects,lending behavior,etc.However,there is a huge "gap" between the "paper articles" and the "actual rule of law".Whether the benign interaction between the legal provisions and the legal governance is really realized,the reasons behind it are worth studying and discussing.This paper is mainly divided into six parts.The first part is about the background,research status and practical significance of the topic,focusing on the practical significance of the paper.The second,third and fourth parts,mainly from the official business rights,marriage acceptance,lending rights,social behavior and other aspects,elaborate on the ruler's restrictions on the above rights and the implementation of the law restricting the rights.It mainly takes three aspects as the starting point.Firstly,it lists the relevant regulations of the rulers of Tang and Song Dynasty on the restriction of the rights of officials by excavating historical materials.Secondly,it discusses the actual effect of law implementation from the ideological root,social environment,actual situation and other factors.Finally,it analyses the situation of law implementation and finds out the internal reasons.The last part,through the reasons for the success or failure of the limitation of official rights in the Tang and Song Dynasties,enlightens the contemporary era,and reflects on and summarizes the research content.Generally speaking,the implementation of the law is a very complex and systematic project.The implementation of the law is closely related to the interests of the ruling class,the structure of the bureaucratic system and the change of social atmosphere.Through many historical materials,we can see that the legal provisions of the Tang and Song Dynasties on the limitation of the rights of officials are perfect.There are many factors that interfere with the law enforcement process,and the ultimate effect is not good.