论古代中国免官复叙法的实践与经验

Practice and Experience of Re-Employed Law for Dismissing Officials in Ancient China

汉代以来,免官复叙便被经常使用,但随意性强,尚未形成定制。魏晋南朝之时,律法仅对免官的禁锢期进行了简要的规定,但形同虚设。直至北魏,将免官三载而降阶复叙定为常法,但仍旧简略。唐律增加免所居官条,免官复叙之法仍从北魏,并无显著变化。宋代官制繁杂,复叙种类之多,独自成体系的叙复之法形成。免官仅作为附加刑使用,免官复叙不再单独规定。待至明清,免官作为附加刑的地位得以改变,行政与刑事处罚有所区分,免官复叙之法体系渐成。免官复叙法的运用对古代中国的权力运作有一定的制衡效果,同时也维护了古代官场的道德水平。

Since Han Dynasty,the dismissing officials often could be arbitrarily re-employed,but it didn't form a system.The law provided a brief imprisonment period for dismissing officials in Wei,Jin,and Northern Dynasties,but it didn't strictly implemented.Until the Northern Wei Dynasty,the dismissing officials could be re-employed with reduced official rank after three years was exempted,which was still sketchy.The law of relieving the one of one's post was increased in Tang Law,re-employed law for dismissing officials still followed Northern Wei Dynasty,there was no significant change.The official system in Song Dynasty was complicated,there were kinds of re-employed officals,re-employed law formed an independent system.Dismissing officials was only as an additional punishment,and the official re-employed was no longer stated alone.Until Ming and Qing Dynasties,the status of dismissing officials as an additional punishment had been changed,administrative and criminal penalties had been differentiated,the system of re-employed law for dismissing officials had been formed.The use of re-employed law for dismissing officials balances the operation of power in ancient China,and also safeguards the moral standards of ancient official circles.