朱元璋重典治吏反腐对法治反腐的镜鉴

Reference for anti-corruption by the rule of law from Zhu Yuanzhang's severe law governing officials and the rule of law against corruption

朱元璋为达防腐、反腐之目的,建立了特色鲜明的官吏治理制度:一是立法严明,规制惩治对象不避亲贵,一律平等;二是监察严密,官吏间的监督与民众监督官吏并举。朱元璋重典治吏反腐与法治反腐虽然具有相同的反腐主题,但囿于历史条件的局限终未跳出人亡政息的历史周期率。法治反腐以制度预防和惩治腐败为路径依赖、以法治思维和法治方式为推行方式、以党纪国法的支撑为根本保障,具有内在的先进性。科学认识朱元璋重典治吏反腐与法治反腐的历史勾连,能够给当下的反腐斗争以启示。

To implement anti-corruption,ZhuYuanzhang established the official management by server laws with two distinct features:the one is strict and impartial legislation which regulates all the punished members are equal even if they are nobilities;the other is rigorous supervision which officials supervise each other while the public supervises officials simultaneously.Having the same subject of anti-corruption with anti-corruption by the rule of law,Zhu Yuanzhang’s official management by severe laws has the history life of stopping working when he died because of the limitation of history.Anti-corruption by the rule of law has advanced nature with path dependence of precautioning and punishing corruption by mechanism,with spreading way of the rule of law thinking and methods,and with fundamental guarantee of party discipline and the laws of the state.To scientifically realize the historical collaboration of Zhu Yuanzhang's official management by severe laws and anti-corruption by the rule of law can provide reference to current anti-corruption:scientific legislation is the important premise,strict law enforcement is the necessary guarantee,judicial justice is the fundamental guarantee,abiding law by all is the highest level and legal supervision system is the necessary link.