Study Of Qing Dynasty Civilian Administrative Proceedings

The administrative sanction is the important means of the political movement of the Qing Dynasty. Screwing up the bureaucracy by the administrative sanction is the most important means to Control the bureaucracy, this is also the Guarantee of the government order unimpeded. Not can only highlight the supreme authority of the Emperor, moreover can Demonstrate the central committee takes order from the Emperor on the basis of the centralization system overall principle foundation. The administrative sanction is important link of the Qing Dynasty political systems. After the establishment of dominant, Not only inherits the decrees and regulations system of the Ming Dynasty's, the appearance of the Baqiyamenthe, the Lifanyuan, the Neiwufu, the Bujuntonglingyamen and the Junjichu demonstrated the multi-ethnic colors of the politics rules.By established the multi-level administrative sanction's submitting, all of the administrative actions of the bureaucracy were supervised. Emperor proposed the administrative sanction by the TeZhi located at the first sequence in the entire administrative sanction's submitting procedure. And that have the priority in the administrative sanction's propose, sanction, offsets which the series of procedures and so on. As the universal way of the administrative sanction, the central official, inspector, governor, judicial commissioner, administrative commissioner, supervisor, commissioner, and the imperial commissioner have the authority to impeach. In addition, the procedure of the Chenqing and the inform against played the supplement role. In the terms of the design of the system, both manifested the Comprehensiveness and the systematic of the submitting procedure of the administrative sanction. In addition, this also unfolded its unique political ideas and the structure system. The procedure of the administrative sanction whether to have followed the law and the system strictly often affected the administrative sanction entity to be fair.The board of personnel has the jurisdiction of the official's administrative sanction. Censorate have the power to draw up the board of personnel official's administrative sanction. The administrative sanction case that is serious or complex usually draw up by the different scale conference. The official crime and the individual crime, the extenuating circumstances and the unable to forgive are the basic principles. The jurisdiction determines the punishment ranks based on the "Board of personnel Punishment Rule". If the "Board of personnel Punishment Rule" have not the strip, must refer to "the Qing Dynasty Penal code". If the "the Qing Dynasty Penal code" also have not related rules, it may use the method of the Biyi and Zhuoyi. Through formulate new rules to supplement the gap in the law, the official's administrative sanction has a set of explicit law to be suitable the logical system.The administrative sanction's way which stipulated on the decrees and regulations has pension penalty which have seventh ranks, the relegation which have eighth ranks, and the deposition which have second ranks. In the actual operating process, there are Zhufeng, Jiangfeng, fall four ranks to reain in office, fall five ranks to remain in office, and so on, there are also fall ten ranks by the superior way, which highlighted the emperor authority and the political skill in the official's administrative sanction. After affected by the punish of pension penalty or the relegation, the administrative sanction may be setoff by the addition classes or records. The opportunity which may also use the Xiaolishuzui to make reparation which turn over a new leaf. In order to make the award and punishment by the time to be appropriate, and achieve the purpose that the official complete the administrative goal which fulfills responsibility.In order to safeguard the official rights, On the one hand, the Qing Dynasty has formulated strictly standard punishment system. On the other hand, it has designed the administrative sanction relief procedure. The official refuse to accept the punished by pension penalty, the relegation, and the deposition, may bring up the appeal. There are also Kaifu and Juanfu to relieve the administrative sanction. Through establish the multi-ways of Kaifu, It promote the initiative to a certain extent of the work, also reduced political risk in the official wield power process, guaranteed that the administrative potency displayed normally. It demonstrated the systematic and the openness of civil official administrative sanction's system. The designing of the official administrative sanction's procedure rests on the government official's duty, power and responsibility to be favorable. Both standard official's administrative action, and has highlighted emperor's political authority at the same time. But the imperial authority supreme causes the administrative sanction's procedure to lack the stable mechanism. The revision of the "Board of personnel Punishment Rule " unceasing additions and deletions, and the clause is very trivial. It causes the bureaucrats to be liable to be blamed at every move, cannot display the political aspiration. And causes the political system which offers originally installs to present more variables. Deceives both superiors and subordinates, flatters denudes, slanders bullies inferior, and also has many malpractices. In the every link of the administrative sanction's procedure, it forms the crack and defect inevitably under the bureaucrat politics. The punishment system often become the unfair gathering place. Both affect its proper efficiency and will corrupt the government atmosphere.In brief, the official administrative sanction procedure's characteristic of Qing Dynasty is decided by the political system which makes by the emperor bureaucracy. The emperor bureaucracy is one top-down power structure.This causes the administrative sanction's submitting, deciding, executing, and relieving in the process to demonstrate the imperial authority with the shifting of "comprehensively" administer. The emperor with the help of the administrative sanction strolling between the law and the political strategy, thus to display its political skill, and achieves the political objective to control the overall situation.