论唐律赃罪的特点及其现代价值

Features of the Crime of Embezzlement in the Law of Tang Dynasty and its Modern Values

唐律首创赃罪,立法严密,惩罚严厉,对有效预防和打击贪赃腐败发挥了极为重要的作用。唐律赃罪具有明显的现代价值,表现在:立法严密,使一切贪赃腐败分子无法律漏洞可钻;惩罚严厉,对一切有贪腐之念尚无贪腐之行的官吏有极大的震慑作用;其他制度如完善的监察制度、廉政教育以及厚禄养廉的配合,保障了法律的实施并取得廉政的成功。

The crime of embezzlement was first named during the Tang Dynasty with strict legal law and severe punishment, which played a very important role in the effective prevention and cracking down of the crime of taking bribes. The modem significance of this law of the Tang Dynasty lies in the following aspects： First strict legislation must be established without any loopholes for embezzling actions; Second severe punishment is necessary so as to get rid of the evil desire for bribery in the bosom of officials with shocking effect before their final corruption ; Third, we need to guarantee the enforcement of law and success to preserve an honest and clean government with the support of subsequent sys- tems such as improvement in supervision, education of honesty in performing government duties and more favorable salaries for the honest and pure officials.