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本文通过比较西夏法典《天盛改旧新定律令》与唐宋律法中关于官员贪赃的条款,对西夏关于官员贪赃的预防与惩处进行了探讨。认为西夏关于六赃的记载,与唐宋的“六赃”名目稍有不同,将官员贪赃分为三种情况:受财请求(包括受财及与财、受财枉法、请求嘱咐、监临主司受财)、挟官势乞索财物、受所监临财物。西夏对官员受贿的查处规定之详细程度超过唐宋,十分严密;对官员犯受监临财物赃罪的处罚之重也远远超过唐宋;对官员挟官势乞索财物的处罚力度很大,规定十分细致,总体体现出了等级性和不平等性的特点。西夏在以法律形式对官员贪赃进行惩治的同时,在日常的行政机制运作的过程中也对官员犯赃进行监察预防,这种预防主要通过中央及地方的监察系统而发挥作用。
This article discusses the prevention and punishments of officials on corruption in Xixia by comparing the provisions of the Xixia Code, “Tiansheng Altai New Law” and the Tang and Song Dynasties Law on the Gambling of Officials. It is considered that the records of Xixia on six stolen goods are slightly different from the names of “six stolen goods” in the Tang and Song dynasties, and the corruption of officials is divided into three types: the demand for property (including the property and wealth, the property, the law, the request, Provisional Lord by the financial), relying on officials to beg for property, subject to the supervision of property. Xixia on officials of bribes investigated and dealt with provisions of the degree of detail more than the Tang and Song Dynasties, very strict; officials of the crime of supervision of property stolen penalties far more than the Tang and Song dynasties; official officials begging for property punishment , The provisions are very detailed, showing in general the characteristics of hierarchy and inequality. While Xixia punishes officials' corruption in the form of law, it also monitors and prevents officials from taking possession of illicit materials during the daily operation of the administrative system. Such prevention is mainly through the monitoring system of the central government and local governments.