| 《Zuo Zhuan》says “Corruption of the country is caused by corrupt officials.”Thus,it can be seen, our country ancient rulers are very aware of the official’sbehavior which is directly related to the safety of country, so, in the feudal history ofseveral thousand years, each dynasty ruler made a lot of regulation of official dutyact according to the lessons of history and reality, the Ming Dynasty is the distinctiveDynasty, on the prevention and punishment of crimes, it accumulated rich experienceand left abrilliant legal heritage. The author tries to research the definition of dutycrime in Ming Dynasty, classified analysis, preventing and punishing measures,features and significance in order to inspire punishment of duty crime in our country.It starts from the characteristics of the Ming Dynasty official duty crime and thesubject of the crime, in order to get some basic conclusions. Firstly, the MingDynasty did not form a clear concept of official duty crime, only in the Ming Lawprovided official duty crime the punishment principle, which the duty crime wasdivided into private and public crime, as the embodiment of the two differentsubjective state of mind, aprivate crime punishment is more serious than the public.The author depends on the division of public and private crime, conducts the MingDynasty official duty crime characteristic analysis with modern criminal law fourelements theory, so official duty crime is not equal to the official crime,official dutycrime should have two characteristics, one is subject to government officials, theother is the behavior related to duties. Secondly, making the main body of the MingDynasty duty crime conducted in-depth analysis,“Guan” and “Li” in the Qin andHan Dynasties had a preliminary distinction, but both were that only the positionsare different in nature without forming two different class, after the Tang and SongDynasties, in addition to a different job,“Liu Pin” had formed, to the Ming Dynasty,both were completely different, they were two social identity, especially in thecountry, they could not participate in the imperial examinations and could not serveas inspectors, resulting in the harm of “Li”. On this basis, treating 《Daming law》 as the analysis material, the author try tocarry on the classification analysis of the Ming Dynasty official duty crime. The firstis the type of property crime, including corruption crime and bribery crime, whichcorruption crime not only stipulates the general pattern of behavior, but also hasspecial behavior pattern, also, it shows the behavior of accepting bribes for property,and asking for bribes. The second type is the authority of crimes, including“LanYongZhiQuan” crime and “WanHuZhiShou” crime, which are reflected in eachcategory, the author try to divide into official duty crime on the basis of thatbehavioral patterns are “ShanQuan”、“YueQuan” or “QiQuan”.Next, the author analyzes the Ming Dynasty’s establishment of a completeprevention and punishment system committed for the crimes from two angles. Priorpreventive measures, the first is the strict examination system, which mainlyincludes the imperial examinations and other ways, each way has the strictexamination measures; the second is to implement the withdrawal system, includingrelative evasion, district evasion, supervision avoidance and trial avoidance; the thirdis the strict supervision system, Ming Dynasty set up many independent watchdog,mainly the “DuChaYuan”,“AnChaSi”, and established a strict supervision system;the last is the penalties, including criminal measures which is the most cruel criminalmeasures, and administrative measures, in addition to following the law,but also alarge number of application usage punishment in other ways are used.Next, the author summarizes some characteristics about the Ming Dynastyofficial duty crime punishment, including “severe law on official”, combatingcorruption,“ZouQing” system, temper justice with mercy. Firstly,“severe law onofficial” is the the most important features of Ming Dynasty in punishing crimes, themain performance in the legislation is that compared to 《Tang Law》，《DaMingLaw》aggravated crime punishment and compared to《Daming Law》,《DaGao》has taken a number of extremely brutal punishment out of the law; in addition, thereason for the implementation of the "severe law management" policy is mainlybased on the following three points, the first is the lesson from the demise of theYuan Dynasty in the official corruption, the next, the Ming Dynasty is in acontradictory situation, finally, ZhuYuanzhang has suspicious character; Of course, the "severe law on official" also produce a certain harm in the process of punishingcrimes,mainly with less administrative efficiency and against the human morality.Secondly, Ming Dynasty fought corruption as the center of punishing offical crime,with obvious effect acctually, but still continued to exist, the author has carried outsome analysis of its causes,the first is the feudal system, the author thinks that theexcessive centralization of state power under authoritarianism is the root cause ofduty crime, besides, the strict supervision system also has drawbacks, which letpower without constraint, the next is the Ming Dynasty official salary, low salary letofficials improve their lives only by the way of taking bribes. Thirdly, in the trial,compared with the general crime, official duty crime added a pre-procedure,.onlyafter playing “ZouQing” procedures and reporting to the emperor can decide whetherto enter the trial procedures, mainly including “ZhiGuanZouQing” and “JunGuanZouQing”, the difference between the two is mainly that one has the level limit,while the other has no level limit. Finally, in addition to “severe law on official”, dueto the feudal system, but also has the characteristic of “TuiEn”, aiming to reduce thenegative impact brought by severe law by "Ba Yi" and "Shu Xing" system, showingthe characteristics of temper justice with mercy.Finally,the author summarizes the siganificance in punishing the official dutycrime brought by Ming Dynasty’s measures.Firstly,we must continue to strengthenthe construction of our law system so that it provides the tools for us to handle theduty crime.Secondly,we also should enhance the position of supervision by commonpeople,which can make the official’s public act controlled.Thirdly,some steps may betaken to improve the level of official’s salary in order to let them have no worries. |
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