澄清吏治：威慑与预防——以明代监察官职务犯罪立法为例

Bringing Order into the Local Administration——A Case Study of the Legislation Concerning Duty Crime of Censors in Ming Dynasty

明代监察官职务犯罪的立法形式呈多元化,即以《大明律》为基点,具体内容散见于令、大诰、条例,以及各类监察法规等不同的法律形式之中,并随时代的发展而变革与调适,这些确曾对澄清明代官僚政治有所贡献。然而,在肯定其制度功能的同时,也应看到其作用的局限性,即与前代诸朝相比,注入了更多的理想化成分,凸显了极为功利性的立法意图。探究历史脉络,应当承认其所遭遇的实践困境,与其法价值的缺失不无缘故。

The legislation concerning Duty Crime of censors in Ming Dynasty is diversified, based mainly on Penal Code of Ming, scattered in different legal forms such as order, sanction, statues and supervision regulations. It changes and adapts itself along with time, contributing to the order of bureaucratic politics of Ming Dynasty. However, attention should be paid to its limitation as well as its function, namely, compared with previous dynasties, more idealized elements are combined into it and its utilitarian characteristics are projected. Base on historical inquiry, the practical perplexity which it confronts is due to the absence of the value as a law.