Study On The Diligent Legal System In Ming Dynasty

Diligence is the salt of the earth."The duke of zhou spit feed,the world return to the heart",has become the diligent government for the people of the United States.Confucius said,"to live without weariness,to walk with loyalty." The purpose is to explain the important task of government,that is,to live in the office to perform their duties,tireless;The government of the people shall be faithful.In the qin and han dynasties,with the continuous development of bureaucracy,there was a requirement for officials to fulfill their duties according to their names(such as the way of being an official in the qin jian).In the wei and jin dynasties,"diligence" was one of the three official rules.In the tang and song dynasties,"be careful with the bandits" was one of the "four virtues" of officials.The Ming dynasty is also the same,after the founding of the state,taizu,there is a feeling that the officials have been idle in the form of official affairs,especially issued imperial edicts in order to discuss "diligent".Zhu yuanzhang said in the encyclical: "...Who do not know the governance of the world,and then can be free..I have been on the throne for many years." Book "cloud: ’achievement chongzhi,wide but diligent.But this can be as a reminder,I have nothing to worry about." In view of this,the Ming dynasty institutionalized the concept of "diligence and indolence" in legislation.According to different officials,the Ming dynasty officials were divided into administrative officials,judicial officials and military officials,and the diligent government put forward different requirements on them.Administrative officials focus on the personal and duty,judicial officials focus on clear,fair,cautious punishment,military officials focus on the regular training,serious military discipline.In the law of daming,officials were punished for slacking off their duties and neglecting their duties.At the same time,in the Ming dynasty,there was a set of systematic norms to regulate the officials to meet the requirements of diligent administration.One is through the test,inspection,inspection for regular job promotion,letters patent documents,letters give family such as reward,for not Qin Zhe distinguish its specific circumstances to recall Chu Tui,Zhi Shi or idle lives,"or," and then the replacement of appointment of sage.Second,through the supervision system,impeach the emperor and ministers,according to the review of documents,assessment of officials,in order to maintain the efficiency of thebureaucratic team and the stability of feudal rule.In Ming dynasty,the main body of diligent government included not only officials,but also monarchs.The emperor as the supreme ruler of the feudal dynasty,"Ming jun" is the name pursued by the emperors in the past dynasties.Because of the special status of the emperor,criminal punishment and administrative punishment could not touch the monarch,so there were a series of systems,such as mandate of heaven and sacrifice,meditation and self-punishment,as well as a series of systems to urge and restrain the monarch to work hard.Related theory in this paper,by analyzing the diligence,diligence of legal thought history origin,inductive diligence the content of the legal system of Ming dynasty,the integrated use of literature research,historical analysis,semantic analysis and method of political science research methods,explore the diligent implementation effect and the defects of the legal system of Ming dynasty,combined with the background of the contemporary party strictly,in order to cadres management and useful references for construction of the socialist rule of law.