18世纪清廷惩贪制度及实践存在的问题分析

Analysis of Problems Existing in the System and Practice of Corruption Punishment in the 18th Century Qing Dynasty

18世纪清朝廷打击腐败的制度与实践存在巨大偏离。“与受同罪”增加了法司办案的难度;禁止送礼造成了法律制度与社会现实中人情与礼仪的严厉冲突;起赃点过低使得处于正式行政管理体制外的胥吏在利益面前开始铤而走险;朝廷的选择性惩贪更是影响了打击腐败的实际效果。清代惩贪制度虽然严厉,但最终并没有达到治理腐败的效果。腐败是政治稳定的大敌,国家必须对腐败进行打击。在反腐败的进程中,确立不脱离实际的法律与制度并加以严格执行,才能取得反腐败斗争的胜利。

In the 18th century,there was a great deviation between the system and the practice of fighting corruption in Qing dynasty."The same crime with bribery and bribe-taking"increased the difficulty of the justice division to handle cases;The prohibition of gift-giving caused severe conflict between legal system and social reality.The low starting point of illicit money made the grass roots service personnel outside the formal administrative management system start to take risks in the face of interests;Moreover,the selective punishment of corruption affected the actual effect of fighting corruption for the empire.Although the system of punishing corruption in Qing dynasty was strict,it failed to achieve the effect of controlling corruption.Corruption is the enemy of political stability,and the country must fight against it.In the process of fighting against corruption,only by establishing and strictly carrying out laws and systems that are not divorced from reality can we win the fight against corruption.