浅议秦汉官吏法的几个特点

Some Features of the Official Law in Qin and Han Dynasties

秦汉政权是在批判周代贵族特权政治的基础上建立起来的,官吏的法律特权还处在一个逐渐形成和强化的时期,这就使秦汉官吏法保留了一些相对合理的成分。具体来说,秦汉官吏法有以下几个主要特点:在官吏的选任环节本着保举原则,把个人的利益和风险有机结合起来;对官吏政绩的考核突出廉与不廉和胜任与否;对官吏的监察在郡县体制内的同体监察的基础上,进一步完善自上而下的垂直监察体系;对官吏的一般性刑事犯罪比照百姓处罚从重,尤其严惩官吏的经济犯罪。

Qin and Han Dvnasties＇s political power was based on the criticism of Zhou Dynasty＇s noblemen politics and thus the exclusive law privilege held by Qin and Han Dynasties＇s officials was still in a gradually forming and reinforcing period, which helped the official law in Qin and Han Dynasties to remain some relatively reasonable elements. To be specific, the official law in Qin and Han Dynasties mainly has the following characteristics： first, the process of choosing new officials was based on the recommendation under an official＇s guarantee, which combined the individual benefits and venture together; second, what was important to the examination of an officials political achievement was whether the official was incorrupt and capable or not; third, in respect to the supervision of officials, which was based on the internal supervision within the administrative county system, the vertical supervision from the top to the bottom was further improved; fourth, officials＇ crime, especially their economic crime, would be punished more severely than that of the common civilians.