On The Prevention And Supervision Of The Duty Crime Of The Procurators In The Ming Dynasty

Based on the experience of the previous dynasties,the supervisory system of the Ming Dynasty has been developed relatively well,forming a rigorous supervisory system.It has also made significant achievements in feudal historical society,and has created a stricter supervisory system for the construction of supervisory officials than before.Its content is mainly reflected in the strict standards for supervisory officials before taking office and the strict supervision of their performance of duties,This reflects the rulers’ prevention and supervision orientation towards the criminal behavior of supervisory officials.The Qing Dynasty also inherited most of its supervisory systems from the Ming Dynasty,which indicates that the supervisory system of the Ming Dynasty also played a certain role in the development of feudal history.Since the 18th National Congress of the Communist Party of China,the Central Committee of the Communist Party of China has been thinking and planning how to adapt to the new situation of comprehensively and strictly governing the Party.While strengthening supervision in all aspects of the Party,it should better play the role of supervisory organs,strengthen national supervision,and put public power in the cage of the system.In recent years,the reform of China’s national supervision system has achieved initial results,realizing the full coverage of the supervision of public power,and the supervision of public power has achieved the scientific allocation of power and strict responsibility and authority.However,how to standardize and correctly exercise the national supervisory power,tighten the institutional cage during the operation of supervisory power,strengthen self-restraint,and achieve supervision of supervisory power is also the focus of further improving the supervisory system reform in the future.Drawing on the history of the Ming Dynasty and drawing on the beneficial experience of the Ming Dynasty in preventing and supervising crimes committed by supervisory officials during their official duties has certain positive significance for promoting the reform of China’s supervisory system.This article is generally divided into seven parts.The first part mainly provides an overview of the officials who exercised supervisory power in the Ming Dynasty and their powers,in order to better analyze the content of their power exercise and lay a textual foundation for subsequent research on prevention and supervision systems.Therefore,this article will discuss it as the first part.The second part discusses the legal sources of crimes related to the position of supervisors,mainly reflected in laws and regulations such as the "Ming Dynasty Law","Ming Dynasty Gao","Criminal Investigation Regulations",and "Ming Dynasty Huidian".According to their content,their legal sources are summarized.The "Ming Dynasty Law" serves as the basic code,the "Ming Dynasty Gao" serves as a further supplement,and the "Ming Dynasty Huidian" and "Criminal Investigation Regulations" serve as special legislation,Further supplements and special provisions will be made on the regulation of the powers and behaviors of supervisors.The third part is the specific types of performance of supervisory officials’ duty crimes,mainly divided into dereliction of duty crimes,economic crimes of accepting property,and judicial authority crimes.Among them,dereliction of duty crimes include dereliction of duty behaviors.This section can be seen that the relevant regulations on crimes committed by supervisory officials during the Ming Dynasty had formed a strict system,and the content was already quite strict.The fourth part is the prevention mechanism and supervision mechanism for the crimes committed by supervisory officials during the Ming Dynasty.In terms of prevention mechanisms,a series of strict measures are taken before taking office to ensure the selection and appointment of high-quality supervisors,and to ensure the noble character and clean work style of the supervisory team itself.The other part is to prevent the formation of interest relationships between supervisors and their relatives or local authorities through pre employment and post employment restrictions,and to some extent,to suppress the occurrence of job-related crimes.In terms of supervision mechanisms,they are divided according to the exercise of their powers,mainly classified as supervision between the central and central supervisory bodies,supervision over local supervisory bodies,internal supervision within supervisory bodies,and certain external supervision and constraint mechanisms.This is mainly reflected in the mutual supervision relationship between the six supervisory departments and the procuratorate,as well as the mutual supervision relationship between the supervisory censor and the local censor,And within the internal supervision relationship between the six departments and the procuratorate.The fifth part is an evaluation and analysis of the prevention and supervision mechanisms for duty crimes committed by Ming Dynasty supervisory officials.On the one hand,as a positive institutional measure,the Ming Dynasty established a series of strict supervision measures through a combination of laws and special regulations.In terms of the supervision system,a cross supervision model between different institutions was formed,and a certain internal supervision method was creatively established,characterized by strict laws and strict supervision.On the other hand,it is a negative obstacle factor,which is due to the limitations of feudal history and the influence of imperial power.The implementation effect of the corresponding legal system is not ideal,and the corresponding measures have not been effectively implemented.The sixth part mainly discusses the enlightenment of the Ming Dynasty on the prevention mechanism and supervision mechanism of duty crimes committed by supervisors for contemporary times.In terms of theory,the Ming Dynasty formed a rigorous supervisory system by combining the Basic Law with special regulations,achieving the characteristics of the era of cross supervision and internal supervision.At the same time,strict regulations on selection and assessment are implemented to ensure the construction of a high-quality team of supervisors and reduce the possibility of criminal acts committed by supervisors in advance.The Ming Dynasty creatively provided non supervisory organizations with certain channels of supervision and corresponding relief rights for the public,which could have certain constraints on the exercise of supervisory power.