明清两代的公罪与私罪制度

Public and Private Crimes System in the Ming and Qing Dynasties

中国古代将官吏犯罪区分为公罪和私罪,其目的是为了维护吏治的清明。明清两代的律、例、令、会典等条文中就有对公罪和私罪的相应规定。本文从明清两代的公罪与私罪的基本概念、具体规定、实际运行和影响因素四个方面对这一制度进行深入分析,以期对之有更加全面的认识。

China ancient government official crime have differences of official crime（公罪） and private crime（私罪）. Past dynasties ruler enacted the official crime and private crime in order to maintain clear and bright in administration of officials. How was the administration of officials concern the rise and decline of the dynasty, the rulers of the Ming and Qing Dynasty paid attention to drawing the historical experience of the former generation very much. The law of Ming and Qing Dynasty have corresponding regulations to the official crime and the private crime. Because the clause complicated and various, some clause contradict each other. In the mean time, the demarcation of the official crime and the private crime was unclear. The practice running of the official crime and the private crime differs in thousands ways.