The Researching Of Flatter Crime In Ming Dynasty

Both "Xian ren guan zhe zi li bei" and "Shang yan da chen de zheng" in law of Ming Dynasty are charges about flattering. But the qualitative and sentencing have great difference. The former is for the incumbent officer, emphasizing the moral attribute, as a violation of etiquette behavior; the latter according to not only minister, but also all the members of the society, emphasize the political attribute, as a violation of duty behavior.The autocratic centralization of state power of Ming Dynasty developed to a new peak, and the legal system inherited Tang, Song, and Yuan Dynasty’s, It also has creative development, and be continued use until the end of the Qing Dynasty. In the above two charges,"Xian ren guan zhe zi li bei" has obvious historical tradition,"Shang yan da chen de zheng" was created in the Ming dynasty. Both of them are directly inherited by the law of Qing Dynasty.The autocratic monarch like flattery, subjects were flatter to him, it is normal. Although the subjects of the emperor’s flatter is dangerous, a little careless, will endanger the lives and property of himself and his family, it is not limited to. Subjects on the official flatter, which belongs to the crime, but in fact it is a very common phenomenon. The study of law is needed from the analysis of the case and the process, then to explore the reasons for the phenomenon. The flatter phenomenon can exist and have a profound impact, not only because of legal gaps, but also because of the landlord class specific interests in the political, economic, and cultural. Political corruption is the reason too.Flatter charges set is an important means, this system is a effective for monitoring global, so particularly prominent political significance in the aspect of legislation. Application of flatter charges, integration of emotion, reason, law, reflects the highly centralized monarchy, and asked the officials must comply with the specifications. Flatter charges in the law of Ming Dynasty has been in a dilemma, not only the law can be avoided, but also there is a great defect of system. The rulers of the laws destructed it first, and many factors are changes in the specific application, made the flatter crime tends to be more diversified.So far, the Ming Dynasty historical stage did not agree, but the formation and development of a dynasty, degradation and reform, political corruption and the replacement of dynasties, always follow the laws. The main line is the change of political and legal, economic, military, cultural and social life, carries on the elaboration stage by stage, relatively be able to describe the problem. So according to Mao Peiqi’s theory, it can be divided into five periods, they are the founding, the stability, the corruption, the renaissance, and the destruction. With the help of period division, legal application and flatter phenomenon can be understood by researchers. In different period, official morality and behavior are different. The process of legal application is the autocratic monarchy and the bureaucratic politics. Flatter charges have faded from the stage of history, but its impact to the later generations have not disappeared. So to sum up historical experience and lessons, and puts forward some meaningful enlightenment, is the necessity of the research today.