The Song Dynasty Official Malfeasance Crime And Punishment

This paper makes a study of the officials of the laws of the song dynasty malpracticecrime related problem. Malpractice crime refers to national office working personnel abusetheir powers, neglect their duties, commit fraud or violate citizens’ personal rights anddemocratic rights, disrupting the normal activity in the state organs, the citizens’ personalrights and democratic rights are infringed, countries and people’s heavy losses to the interestsof the state organs or suffer from severe damage to the reputation of the behavior. The lawincludes both intentionally, malpractice, and including serious faults. Official misconduct ofcrime is different from other crime the basic features: first, the main body of crime is anational public officials must be. The office personnel can become the accomplice ofmalfeasance, but don’t make independent make malfeasance; Second, crime involving publicinterest; the object must be Third, malfeasance core meaning is "not a due diligence and causedamage". In addition, and implementation of the official malpractice post about, including butnot limited to abusing power for personal gain and dereliction of duty. In ancient China, themain body of the crime should be the misconduct of national official, the object of bread tothe feudal state of the normal business activities, subjective aspects into with intention ornegligence, the objective aspects of power is poses a threat or damage.This paper mainly discusses the first chapter official misconduct of song dynasty crimetakes background. The first quarter for the song dynasty with local officials on special relation,including: first, the ancient Chinese government at all levels is the expansion of one family,the officials to "the sky parents" claims that the parents for the people take for granted, familythings in the background, the people right consciousness will be suppressed, natural disasterof malpractice tort is inevitable. Second, the song dynasty are using their authority officialsare propped up, in the ruling class it is normal things, this itself is a kind of malfeasance crime.Third, the song dynasty some "HaoHeng" in local forces are very strong, they held officialforced the misconduct of crime. The second quarter for the song dynasty and a short termofficials avoid system, make appointment of local is not deep local government affairs, are transferred from his responsibility, and make a difference, even if officials by variousobjective conditions, restricted by the local es delineation to use, imperceptible of derelictionof duty crime. The third quarter for the song dynasty "workers were the world", a few of thesong dynasty, not even delineation trust, trust, and force them to seem to his family, often bycollectors and the fraud, the officials of their officers have stepped up the chance ofmalpractice crime. The fourth quarter for the song dynasty civil politics. The song dynastypreferential treatment of intelligentsia scholars, very tolerant, in this context, some of theirown quality is not high scholars will not fear malpractice crime brought about by the others.Section5for the song dynasty the development of commodity economy and the change of theview. The development of commodity economy in the song dynasty and the change of view,up to tell the doctor, right down to the people and scrambled for profit, QuLiXing is theperson’s nature, if no reasonable system standard and moral guidance, officers of derelictionof duty crime will be even more complicated.The second chapter is the song dynasty military generals of dereliction of duty crime andpunishment, the main points in the army, and he sent his troops and deficient, the Lord notstuck in the city, holding back, the first private army weapon, lax, poor logistics aspects arediscussed.The third chapter for the song dynasty the judicial officers of dereliction of duty crimeand punishment, mainly divides into action the malfeasance, the acceptance of dishonesty andprison prison sentence in the management of malpractice respects.The fourth chapter for officials selection and management of malpractice and punish, mainlydivides into the song dynasty in the imperial examinations of dishonesty and officials ofdishonesty and appraisal of BaoJu several aspects of malpractice.Chapter5of their duties for officials and punish malpractice, mainly divides into thewrong book, supporting sent process, opposed to the limit, got to leave their excessive, andnot suitable, abuse of power, the harm people, in violation of the system safety will severalways.The sixth chapter for the song dynasty in the supervision and punishment of song dynasty, divided into malpractice prevention measures and song dynasty outside malfeasance outsidemalpractice and above situation two aspects.Chapter7for economic management of malpractice and punish, divided into moneymanagement of malfeasance, illegal trading, official business, illegal land tax officials’ writsof dereliction of duty respects.Chapter8is the song dynasty the punishment of the crime trend of malpractice.Specifically, TaiZu song emperor, to the punishing crime is malpractice strictly. WhenRenZong to official malpractice crime gradually ease. God Pope, zhe Pope punishment whenofficers malfeasance crime overall partial light. The punishment of the crime, be given alighter general officers malfeasance.Chapter9is the song dynasty official malpractice, the characteristics of the main law isto punish corruption slant wide, malpractice law execution and lax, and the private sin sindivision, persuading and punishment combined four features.The study not only to official malpractice for insight into Chinese traditional bureaucracyinternal logic and effective management and operation mechanism to provide a newperspective, but also to the contemporary Chinese law reform, and provided the beneficialreference value. Chinese traditional legal officers in contemporary China malfeasance left acombining theory with practice, the rich heritage of our construction of socialism withChinese characteristics legal system have reference and enlightenment role.