论《唐律》对主典职务犯罪的惩治

On the Punishment to Duty Crimes of the Chief Clerks in the Tang Code

主典是《唐律》官吏职务犯罪的特殊主体之一,也是唐代中央和地方各级政府部门中负责处理公文的胥吏,主要包括令史、书令史与府、佐、史等,在《唐律》中主典属于主守官。《唐律》中有一些职务犯罪以主典为特殊主体。主典作为主守官与监临官一样承担更为严厉的刑事责任。

As the petty officials in charge of documents,the chief clerks were one of the special subjects of official duty crimes.The chief clerks included secretaries and archivists in central and local governments,and were regarded as the custodial officials in the Tang Code.They were the special subjects of certain official duty crimes in the Tang Code.As the custodial officials,they should undertake relevant criminal responsibilities just as the supervisory officials did.