明清之际官员的行政处分机构及方式的转变和意义——以文官为中心

The Change and Significance of Officials’Administrative Sanction Organization and Mode from Ming to Qing Dynasties:With a Focus on Civil Official

清代建立了比较系统和完善的行政处分制度,由吏、兵二部分别职掌对文、武官员的处分事宜。在明嘉靖朝以前,对犯罪官员的刑罚和处分都由法司议定,自嘉靖朝开始,对文官议处之权渐归吏部。清入关以后,参酌明朝制度,改变了以往由刑部问罪和拟定处分的惯例,确立了对犯罪文官由吏部议处分和刑部议刑罚的制度。清朝制度的转变,并不是对明制的完全照搬。明朝后期将议定处分和刑罚的机构分开,是针对同一案件吏部和法司的分工合作。清初定文官由吏部议处,是指文官犯轻罪只由吏部议处分,无须议刑罚,罪重者吏部议革后再送刑部议刑罚。清朝将议处作为刑罚之外的独立的惩罚体系由吏部职掌,与明朝原有的惩罚体系有着本质上的区别,清朝由此逐渐建立了独立的行政处分体系和完善的处分法规,议定处分的程序也更加简洁高效。

The Qing dynasty established a relatively systematic and comprehensive system of adminis⁃trative sanction,where the Ministry of Personnel and the Ministry of War respectively handled the adminis⁃trative sanction for civil and military officials.Before the Ming Jiajing Dynasty,the punishment and disci⁃plinary measures for criminal officials were agreed upon by the Ministry of Justice.Since the Jiajing Dynas⁃ty,the power to negotiate and punish civil officials has gradually returned to the Ministry of Personnel.After the Qing Dynasty established its capital in Beijing,it took into account the system of the Ming Dynasty,changed the practice of the Ministry of Punishments questioning and formulating punishments in Manchuria and established a system of punishment for criminal civil officials discussed by the Ministry of Personnel and the Ministry of Punishments.The transformation of the system was not a complete copy of the Ming sys⁃tem before and after the Qing Dynasty established its capital in Beijing.In the late Ming Dynasty,the sepa⁃ration of the institutions responsible for agreeing on disciplinary actions and punishments was a division of labor and cooperation between the Ministry of Personnel and the Ministry of Justice for the same case.In the early Qing Dynasty,it was stipulated that civil officials would be punished by the Ministry of Personnel for minor offenses,without the need for punishment.For those who committed serious crimes,the Ministry of Personnel would discuss and reform the punishment before sending them to the Ministry of Justice for dis⁃cussion.The Qing Dynasty established the system of punitive measures as an independent system outside of punishment,under the jurisdiction of the Ministry of Personnel,which was fundamentally different from the original punitive system of the Ming Dynasty.As a result,the Qing Dynasty gradually established an inde⁃pendent administrative disciplinary system and improved disciplinary regulations,and the procedure for agreeing on disciplinary measures was simpler and more efficient.