明清“滥设官吏”罪

The Crime of "Setting up Official Positions at Random" in the Ming and Qing Dynasties

“滥设官吏”罪是明代确立的罪名,清朝因之。“滥设”是与“额设”相对的,“额设”是制度上允许的额定员额,由朝廷人事主管部门按缺铨选委署,是职官管理制度的重要构成。“滥设”则是制度上不允许的,是所谓定编之外的官吏,不经朝廷人事部门或主管部门按缺铨选委署,则属于犯罪。理清“额设”与“滥设”的关系,分析各种各样“滥设官吏”罪的案情及千变万化的情节,则是本文的重点内容。

The crime of ＂setting up official positions at random＂ was established in Ming Dynasty, and continued to be effective through Qing Dynasty, Which is opposite to ＂setting up official positions according to fixed numbers＂. The latter means the number of the government officials is legally permitted or fixed by the ministry personnel of imperial government, and was the key composition of the staff management system. ＂Setting up at random＂ is forbidden institutionally which will produce excess officials. This kind of selection without permission of the ministry personnel is illegal. The main content of this paper is to clear out the relations between ＂setting up at random＂ and ＂setting up according to fixed numbers＂, and then to analyze the various cases of the crime of setting up official positions at random.