Shang Yang believes that preventing and controlling official crimes is the primary task of the rule of law. The original supervision system has great defects and legal loopholes, which can not fundamentally solve the problem of official crime. He stressed? Law? Standardized, fair, open and equal, and put forward measures such as severely punishing official crimes, rectifying bureaucratic system, establishing new exposure mechanism, establishing transparent legal system and improving official efficiency. After the governance of Shang Yang, Qin State? Hundreds of officials are in awe? However, there are obvious defects in his thought of duty crime prevention and control.

Shang Yang was one of the important representatives of Legalists in the Warring States Period. Replace punishment with punishment? Control crime with severe punishment; Advocate the establishment of a transparent legal system, so that officials and people can achieve the purpose of abiding by the law on the basis of knowing the law; Emphasizing the deterrent function of punishment makes people have a strong fear of heavy punishment, thus curbing crime. Shang Yang paid special attention to the phenomenon of official crime. He believed that if the law doesn't work, it should be committed from above. ? He realized the special harm and bad influence of duty crime, and put forward the measures to prevent and control duty crime, which has important value in the history of legal system and has far-reaching influence on the legal system construction of feudal society.

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Shang Yang believes that to manage the people and the country, the first thing is to manage officials and prevent them from committing crimes, which is the top priority of the rule of law. Officials are the direct managers of a place and a department. If they use their position and power to commit crimes, the harm to society is far greater than that of ordinary people. First of all, officials have a special position, and their actions are always concerned by the people and have a guiding role among the people. When officials commit crimes, people can easily follow suit, become unruly and have a bad influence. Therefore, officials commit crimes for their own selfish interests, which directly affects the life and death of the country. (Official) Why is this country in danger for personal benefit? . Secondly, official crime will cause people's dissatisfaction with the monarch and the country, and then it will cause people's confrontation with the country. There are two ways for people to confront local officials. One is confrontation, and the other is avoiding and fleeing from the place of residence. Confrontation with officials will affect social stability, and fleeing the land will directly affect agricultural production and the combat effectiveness of the army. Does the Lord respect the country when it is safe for agricultural war? . On the contrary, if officials are conscientious, loyal to the monarch, * * * aware of the people's feelings and do nothing illegal, the people will stick to the land honestly, and agricultural production and the combat effectiveness of the army will be guaranteed. Officer innocence * * * not ao? . When agriculture develops, the army becomes strong, and the country becomes strong. Third, officials are the bridge between the monarch and the people. They are responsible to the monarch and manage the people. If they violate the law and commit crimes, undermine the rule of law and embezzle state property, the monarch will lose the hearts of the people. The people and the monarch are separated from Germany, and the country is not far from extinction. Therefore, Shang Yang paid special attention to official crimes, and took the prevention and treatment of official crimes as an important part of his crime control. He said:? Good for the country, the official law is clear. ? In other words, a monarch who is good at governing the country will have strict laws and regulations.

Shang Yang made a fair evaluation of the supervision system to prevent officials from committing crimes at that time. He believes that it is an effective measure to set up a full-time official in charge of supervising officials and let them supervise and inspect their own behavior. Under the supervision of supervisors, officials dare not commit crimes, which can be said to be an effective measure to prevent officials from committing crimes. However, there are great defects and legal loopholes in this supervision system, which cannot fundamentally solve the problem of official crime. ? Today, relying on many officials, officials set up a clean prison, and husbands set up a clean prison, which is also conducive to banning people. And Cheng and Jian Guo also want to make profits, so why should they ban each other? So there are only people who rely on honesty and supervision to govern. ? The Ombudsman was originally designed to prevent other officials from committing crimes, but the Ombudsman is also a human being. Are they too? Planned profit 、? How's Master Lu? , they also have? Smart and hypocritical? On the other hand, if they collude with the supervised object for their own interests, commit crimes together and shield each other, the supervisory function of the Ombudsman cannot be realized. So we have to set up an Ombudsman on top of the Ombudsman to form an up-and-down supervision mechanism, and the number of supervisors will increase. Many officials and officials? It will play a certain role in preventing duty crimes, but no matter how unlimited the number of supervisors increases, it can't fundamentally prevent duty crimes. Because officials and officials have common interests, they will shield each other, protect each other and deceive the people, so the monarch who is good at governing the country will not? By many officials? Crime prevention, but? When you were in power, you were innocent and didn't join the government, and Chen Shu was that thing? . ? Potential? 、? Count? It is the most effective means to prevent duty crimes.

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So-called? Potential? It is the power and power of the monarch; ? Count? It is the way the monarch exercises his power. ? Power was broken by the monarch? If the monarch is good at mastering power, he can see thousands of miles away, and officials will do their duty and dare not commit crimes. For what? Count? In addition to the general ruling techniques, Shang Yang also put forward specific measures to prevent and control official crimes in view of the special harm of official crimes and the loopholes in the supervision system at that time, expressing the will of the state by law, restraining official behavior by law, and emphasizing? Law? Its standardization, fairness, openness and equality highlight the deterrent and inhibitory effect of heavy punishment on crime.

First, it is one of the most effective measures to prevent and control duty crimes to strengthen the standardization and equality of laws and severely punish duty crimes. Shang Yang believes that law is a symbol of state power, a part of the state machine and a code of conduct that all people should abide by. What is the balance between law and state? Law, like weights and measures, is an objective criterion for judging right and wrong, so the law should be fair, and monarchs and officials at all levels should not bend the law for personal interests. He thinks the monarch? Explain the law more and let it be discussed in private? Is an important cause of national chaos, so we should legislate for the public, and the basis of legislation for the public is the equality of laws. To strengthen the standardization and fairness of the law, we must ensure the fairness of the law and equality before the law. He thinks? If the law doesn't work, just commit it from above? ,? Can't you be punished by the doctor? His tradition is actually conniving at official crimes, and the harm caused by official crimes is far greater than that of ordinary people, so he proposed? No grade punishment? , use? A word? Prevention and control of duty crimes. ? The so-called "one penalty" means that there is no level of punishment. From General Qing Xiang to Dr. Shu Ren, people disobeyed the king's orders, violated the state's ban and committed unforgivable crimes. Not for the former, but for the latter's defeat. Fortunately, in the front, it is too late to lose. Loyal ministers and dutiful sons have had them, and they will be broken by them. Are there any law-abiding officials who can't abide by the law and are punished for three crimes? . Shang Yang emphasized the fairness and justice of law. A word? First of all? No grade punishment? Anyone who breaks the law, from General Qing Xiang to Dr. Shu Ren, will be punished. Die without forgiveness? . Without privilege in the face of punishment, officials can fully appreciate the deterrent effect of punishment, feel afraid of punishment, and dare not try the law again. At that time, the prince broke the law, Shang Yang? Punish Fu Gongzi and his teacher Gong? , to a certain extent, adhere to the principle of legal equality and safeguard the authority of the law.

Second, clarify the terms of reference of officials and establish an orderly bureaucratic system. Shang Yang believes that officials often exceed their authority and use power for personal gain. What if? Not doing it? Strictly distinguish the authority of officials, whether between officials at the same level or between officials at higher and lower levels, and clearly define the scope of authority of officials at all levels, so that once they operate beyond their authority, they will be easily noticed by others. Without the convenient way to seek personal gain, the evil means of illegal crime cannot be hidden. Those potentials are hard to hide, although the feet are not unreasonable? Officials also dare not commit crimes easily. So? Official training is common? Establishing an orderly bureaucracy is conducive to preventing officials from seeking personal gain.

Third, establish a new mechanism to expose and expose, so that officials can supervise each other under the drive of interests and govern officials by officials, so as to prevent officials from committing crimes. Shang Yang believes that it is easy for officials to collude with each other and commit crimes in groups for common interests. What is the same between an official and an official? Because they belong to the same community of destiny, once a crime is investigated, it is necessary to cover up each other's crimes, which brings great difficulties to the governance of official crimes. In this case, the Ombudsman set up by the state will inevitably participate in it, so it will not play a supervisory role at all. Here, the key to the problem is obviously the problem of officials? Good and evil? What if between officials? Different benefits and different hazards? , or? What are the similarities but differences? This will prevent them from colluding with each other institutionally. At the same time, officials are encouraged to supervise each other in a profit-driven way, and the state gives certain rewards to those who expose other people's criminal acts. Shang Yang also applied the supervision mechanism of rewarding and controlling rape and the system of sharing seats in parallel to judicial practice. People who don't sue traitors will be punished like criminals, so that every official will become a supervisor, and he himself will always be under the supervision of others, and finally achieve? Making friends between husband and wife can't abandon evil and be good, and it doesn't hurt the highest realm of relatives, putting an end to the phenomenon of official crime.

Fourth, publish written laws, publicize them widely, and establish a transparent legal system, so that officials and people can develop a sense of active law-abiding on the basis of knowing the law. Spring and Autumn Period and Warring States Period. In order to maintain their authority, rulers are afraid that ordinary people know the law. Zheng Zichan's Book of Casting Punishment was accused by Dr. Jin's uncle Jin State? Cast a tripod? Also criticized by Confucius. Don't let the people know the law, is it afraid of the people? Abandoning gifts for books? ,? Something wrong? . Shang Yang advocated that not only the legal provisions should be published, but also widely publicized, so that ordinary people can know what kind of behavior is permitted by law, what kind of behavior is prohibited by law, and what kind of punishment will be imposed on what kind of illegal and criminal acts. After the common people know the legal provisions, the whole people know them and avoid them? ,? Officials dare not meet people illegally? . In order to popularize legal knowledge, Shang Yang adopted two methods: one is to make the law easy to understand. ? Be sure to make it clear that it is easy to know, the name is right, and the ignorance can be punished. ? A law that is easy to understand, has a clear concept and can be understood by ordinary people can be formulated? Everyone knows and avoids it? . The second is to set up full-time judges and judges to answer questions about laws and regulations for officials and the public. ? Be a judge, a collector of the main law, and think that the world is a teacher? ,? Officials and people who know the law ask the judge. So all the officials and people in the world know the law. Officials know that the people know the laws and regulations, so they dare not meet the people illegally, and the people dare not be judges illegally. When people don't practice the law, they ask the judge, and the judge tells them the crimes of the law, and the people tell them in the words of the judge. Officials know this, so they dare not meet the people illegally, and the people dare not break the law. In this way, although the officials and people in the world are wise, they can't say a word of injustice; Although there are thousands of dollars, one baht can't be spent. So knowing that those who cheat sages do good deeds are all dedicated to the public? . This passage has two meanings: first, full-time judges, judges as officials and the public are set up to explain laws and regulations, not only to educate ordinary people in law, but also to restrict and prevent officials from committing crimes through legal education. Second, did Shang Yang show that he was trying to defend? Strong law? But? The power of law? . Through maintenance? The power of law? , do officials, people? Do everything from law to public service. .

Fifth, strengthen the efficiency of officials, so that officials have no time and opportunity to commit crimes. Officials are not allowed to delay in performing their official duties, and the things of the day must be completed on the same day. If there is no overnight treatment, then the evil officials are not as good as serving themselves for the people? . If the inefficiency of officials leads to a backlog of official duties, they should be held accountable. Officials are worried about being held accountable, and official duties will not hold each other back. Hundreds of officials don't distinguish each other? .

It should be pointed out that Shang Yang's measures to prevent and control official crimes complement each other and interact with each other, including the deterrence and suppression of severe punishment, as well as careful supervision, exposure and exposure.

Besides, where is he? A word? It was clearly pointed out in the discussion? No grade punishment? In other words, the punishment for ordinary people also applies to officials, and the punishment for officials is heavier. Are there any law-abiding officials who can't abide by the law and are punished for three crimes? Because official crime will have a bad influence and guidance on ordinary people, it will play an effective warning role to punish official crime with heavy punches.

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Shang Yang's? A word? Dispel the privilege and superiority of officials. Heavy penalty? 、? Sit together? The deterrent effect of the new system has suppressed the criminal motives of officials, and the new exposure mechanism has made officials suffer? Officials protect each other? Become? Take a closer look at yourself? Establishing a clear and transparent legal system within the official's authority effectively strengthens the supervision and management of official crimes, and the improvement of official efficiency not only strengthens the administrative ability of officials, but also makes officials have no time to commit crimes. These measures to prevent and control duty crimes include deterrence, suppression, induction and attack at the psychological level, cognition and standardization at the rational level, and self-discipline and autonomy at the behavioral level. It not only educated officials and the public, but also safeguarded the fairness and authority of the law.

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However, there are obvious defects in Shang Yang's thought of duty crime prevention and control. First of all, his understanding of official crime is based on presupposition and is very arbitrary. Accordingly, the measures he proposed to prevent and control official crimes are also highly subjective and arbitrary. For example, what is the reason why he thinks it is important for officials to commit crimes? What are the advantages and disadvantages of being an official? His prevention and control measures are to let officials? Different benefits and different hazards? 、? What are the similarities but differences? . Really? Good and evil? Officials are not necessarily in cahoots and committing crimes together. Different benefits and different hazards? And then what? What are the similarities but differences? It may not be possible to prevent or prevent officials from committing crimes together. Like what? Good and evil? Just like Shang Yang's subjective setting, his prevention and control measures are also the result of his subjective assumptions. If we only rely on this method, I'm afraid there will be no good result. Second, for the old regulatory system? There are many collectors, but are they all the same? Officials cannot be prevented from colluding with each other and committing crimes together. Shang Yang proposed to establish a new mechanism for reporting and exposing, so that all officials would become supervisors and everyone would be under the supervision of others. Death without forgiveness, punishment with three families? The deterrent effect of severe punishment does have a certain inhibitory effect on official crimes, but this measure has caused everyone to feel insecure and will hit the enthusiasm and enthusiasm of officials. Once they commit a crime, they will take risks, gather people to rebel, confront the central authorities and undermine social stability. Thirdly, Shang Yang's special emphasis on the standardization and equality of law is greatly reduced in actual legal practice, which has great limitations. He emphasized that law is a code of conduct that all people within the jurisdiction of state power must abide by, representing the overall interests of the state and society, and should have universal equality. There is no distinction between high and low punishment, but the prince broke the law. He found various reasons to excuse the prince and said, Prince, you can't be punished, can you? . Maybe he still wants to maintain the justice and authority of the law psychologically, so he? Punish Fu Gongzi and his teacher Gong? As a result, Gongzi Qian and Gongsun Jia, who were jointly and severally liable at most, took full responsibility, but the real culprits were not punished as they deserved. Shang Yang is expounding? A word? Also said:? The so-called "one penalty" means that there is no level of punishment. The definition here ranges from General Qing Xiang to Doctor Shu Ren, excluding monarchs and princes, but it applies to people outside the royal family, such as General Qing Xiang? A word? No wonder the prince got away with it. This inequality in legal practice is also manifested in the punishment of officials' crimes. ? Its prison law, high rank is subordinate to the rank of knight. ? Knights above the second level will be demoted if they commit a criminal offence. If the knight is below the first level, there will be a criminal offence. ? The principle stipulated in the Criminal Prison Law is that an official with a high professional title should be tried by an official with a low professional title; crimes with a professional title above the second level will reduce his professional title, and crimes with a professional title below the first level will cancel his professional title. The first is the inequality of judicial power, and officials enjoy the privilege of demotion or abolition of titles instead of punishment, which is even more difficult. A word? Become an empty talk. Nevertheless, Shang Yang's thought of preventing and controlling official crimes still played an important role in the construction of the rule of law in Qin State at that time, and had a far-reaching impact on the governance of official crimes in later generations.