论商鞅预防和治理官吏犯罪的思想

A Study on the Thought of Shang Yang's Defending and Fathering Bureaucracy Delict

商鞅认为,预防和治理官吏犯罪是法治建设的首要任务。原有的监察制度存在很大的缺陷和法律漏洞,不能从根本上解决官吏犯罪的问题。他强调“法”的规范性、公正性、公开性和平等性,提出重刑治理官吏犯罪,采取整饬官僚体制,建立新的检举、揭发机制,建立透明的法律体系,强化官吏的办事效率等措施。经过商鞅的治理,秦国“百吏肃然”,但是,他的预防和治理官吏犯罪思想也存在着明显的缺失。

Shang Yang believed that defending and fathering bureaucracy delict was the chief assignment of law building. Former supervision system had very big limitation and law leak and couldn't solve radically the problem of bureaucracy delict. He emphasized the pattern character, the justness character, the opening character and the equality character of 'law' and put forward the measure of fathering bureaucracy delict by weighty punishment, definituding the authority scope of bureaucracy, founding ordered bureaucracy system, new prosecution and exposure mechanism, founding transparent law system, consolidating the work efficiency of bureaucracy, etc. By his fathering, the bureaucracy in Qin became solemn, but the thought of Shang Yang's defending and fathering bureaucracy delict also had distinct shortage.