中国古代惩治贪赃罪的刑法制度探析

Legal System to Punish Bribery in Ancient China

惩治官吏贪赃罪是我国古代吏治中的一项重要内容。由夏到清,惩赃法律制度日臻系统并完善。由于私有制经济这个总根源的存在,历代惩贪实践效果均不理想。但从古代惩贪制度及其实践中,我们仍可以在“法贵责上”、依法治国、发挥社会力量、完善监察及官吏选拔考绩制度等方面得到有益的启示,以指导现今的反腐斗争。

Punishing bribery committed by officials is an important component of the administration of officials in ancient China. From Xia to Qing Dynasty, the legal system became more and more systematic and perfect. Owing to the existence of private ownership, the punishment result was not so satisfactory in every dynasty, yet we can still get much beneficial enlightenment from such saying and practice as law supremacy, ruling by law, bringing into play the social forces and improving the system of supervision and official selection by performance to guide the nowaday anti-corruption struggle.