How to prevent and control corruption in “official vehicles” in the Ming Dynasty

The following content is quoted from Wang Weikai's "Looking at the Monitoring of Occupational Crimes in the Ming Dynasty from the Legal Control of Official Travel" (2004, History Teaching), with slight modifications.

1. Control of transportation

1. Do not take more than one stagecoach. "Da Ming Code" stipulates: "Anyone who is on an envoy should take a post boat or a post horse. If there are more than one boat and one horse, the staff will be eighty. Each boat has one horse, plus one grade. If you should take a donkey and ride a horse, , and those who should ride on middle-class or low-class horses but want to rein in high-class horses will receive a penalty of seventy. If the post officer is injured, he will be punished by one class. " /p>

2. If you travel by stagecoach, you must take good care of the horses and do not take detours. "If the horse and the horse are not exchanged for the carriage and horse in the post in vain, the penalty will be sixty. If the horse dies because of this, one grade will be added, and the horse will be compensated and returned to the official position." During the orthodox period, Mu Duo, the governor of Guangdong, was punished for returning to his hometown in vain when he came to Beijing. As the saying goes, "Mu Duo, the chief minister of Guangdong Province, went to Beijing in the palace. He returned to his hometown in vain and stayed there for a long time. The chief minister proposed to redeem his staff and return to his post, so he followed suit." Of course, if "the matter was not urgent, and the post horse was not killed by walking in vain, he will be compensated but not seated. If the military situation is urgent, and there is no boat and horse to change in front of the post, he will not be seated and will not be compensated."

3. With the passage of time, especially after the middle of the Ming Dynasty, some travelers actually violated the regulations and "taken more post horses" in the name of national ministers, important ministers of the court and even the emperor's valet. , During the Jiajing period, the punishment for violators was increased. In the past, they were only punished with sticks, but now they are "severely punished and sent to the army." It is said that "anyone who accuses the family members of close servants of officials, disturbs the post offices of officials, occupying mansions, bluffs, extorts horses, and strangles property, the leader and those who share the same evil will be sent to the border guards and sent to the army." During the Wanli period, he further added: "Anyone who refers to relatives, civil and military ministers, close servants, in-laws, family members, bluffs, harasses people who pass by military guards, officials, post offices, and yamen, occupying mansions, and asks for husbands and wives. Horses, vehicles, property, etc., as well as traitors who falsely claim power to go to the Yamen, ride in black buildings and other ships, hang up signs in an attempt to get tax exemptions, deceive offenders, and more than guilty, will be sentenced to the place where they committed the crime, and will be sentenced to a month of shackles. The border guards are sent to the army; if the crime is less than the rod, the shackles will be issued after one month." [3]

4. When officials travel, they must choose transportation according to their grade. If they violate regulations and exceed the regulations, they will be severely punished. For example, in the second year of Zhengde (1507), Cui Xuan, minister of Shangbao, Yao Xiang, deputy envoy to Huguang, and Zhang Wei, a doctor in the Ministry of Industry, rode in a sedan in violation of the regulations and were not allowed to ride in a sedan. They were first yokeed and then dismissed from their posts as border guards and sent to the army. The so-called "(Yichou, the leap year of the second year of Zhengde) ordered Cui Xuan, the minister of Shangbao, with the title of Chongyue, Yao Xiang, deputy envoy of Huguang, to be outside the left and right gates of Chang'an, and Zhang Wei, a doctor in the Ministry of Industry, to be in Zhangjiawan. Xuan was canonized by the envoy, and Xiang When he went to the official position and patrolled the river, he rode in a sedan in violation of the regulations. Xuan also allowed his slaves to ask for the wrong things. Xiang had nothing to do with it and pretended to ride on a boat. It was issued by the Dongchang investigators. Please ask the judicial officer to prepare a crime, and the order will be issued within two months, and it will be reported every day. Those who traveled far away were often sent to ride in sedan chairs, and those who followed were also forced to ride on post horses. Liu Jin's dictatorship has been in power for a long time, and he wants to impose strict laws and regulations. In order to establish prestige, Xuan and others violated the rules and offended them" [4]. In the end, the three were "sent to Liaodong Tieling Guards and permanently exiled to the army." Of course, some people think that this is the result of the eunuch Liu Jin's disorderly administration and abuse of power. But in fact, from a legal perspective, the three of them were punished because they were the first to violate the rules. When discussing this matter, Wang Shizhen, a contemporary, also said: "Jin Jiao ordered Gu (Cui) Xuan, the Minister of Shang Bao, and Yao Xiang, deputy envoy of Huguang, to go outside the left and right gates of Chang'an, and Zhang Wei, a doctor in the Ministry of Industry, to Zhangjiawan. Illegal riding in a sedan chair will be issued by Dongchang. "[5]

2. Traffic cost control

1. Strictly limit the number of persons accompanying traveling officials. The "Da Ming Order" stipulates: "For all envoys who are on a mission, the number of subordinates should be consistent with the number of subordinates. The first rank has ten subordinates, the second rank has eight subordinates, the third rank, the fourth rank have six subordinates, the fifth rank has four subordinates, the sixth rank and the seventh rank have four subordinates. Third-grade servants, eighth-grade and ninth-grade second servants, and second servants such as 掾史, Lingshi, scribes, Zhiyin, Xuanshi, and Zouchai are not limited to this." [6] The reason why the Ming Dynasty made this provision. , it should be said that it is entirely due to economic considerations. Because during the Ming Dynasty, the state did not provide sufficient office expenses for the government, the travel expenses of officials were entirely provided by the post stations, and those who bore this expense were local farmers and post households. For example, in the first year of Hongzhi (1488), "the Hangzhou Delivery Station and each post station were ordered to prepare water horsemen for service, and they were ordered to take turns in person, once every three years, over and over again. They had to prepare their own food, fodder, horses, boats, and furnishings, etc. Each item produces silver from the fields and buys it for use” [7]. Therefore, if there are no restrictions on his entourage, it will be difficult to maintain the rice and grain of the station, and the operation of the station will also be paralyzed.

2. After limiting the number of attendants, the daily rice consumption of officials and their attendants was also restricted. It is said that "whenever a guest passes by a official, a official will receive three liters of rice; The person’s name is two liters of rice. The official’s rice is five liters for a guest from Sudun, and three liters of rice for a follower. If the water route passes by, it will be separated by Sudun.”[8] If some officials rely on official power or forcefully ask for more money, they will be punished severely. "Anyone who is on a mission and pays more money will be counted as stolen money and will not be in violation of the law. If the official refuses to give, he will be reduced by one level; forcible Those who take it will be judged as perverting the law, and the officials will not sit down" [9].

Regarding "not breaking the law" and "wronging the law", according to the provisions of the "Da Ming Code", those who violate the "not breaking the law" shall be "consistently as follows: sixty sticks, twenty guans; eighty sticks, thirty knives; ninety sticks, forty knives Guan: one hundred sticks; fifty guan: one year of apprenticeship, sixty sticks, sixty guan: one and a half years of apprenticeship, seventy sticks, seventy guan: two years of apprenticeship, eighty sticks, eighty guan: two and a half years of apprenticeship, nine sticks Ten, ninety guans: three years of apprenticeship and one hundred sticks; one hundred guans: a journey of two thousand miles and a hundred sticks; one hundred and ten guans: a journey of two thousand and five hundred miles; one hundred and twenty guans: a journey of three thousand miles A hundred rods” [10]. For those who commit "violation of the law", "the violation of the law is as follows: seventy sticks, one stick to five sticks; eighty sticks, ten sticks; ninety sticks, fifteen sticks, one hundred sticks; twenty sticks: sixty sticks for one year. , twenty-five guan: after one and a half years of apprenticeship, the staff is seventy, thirty guan: after two years of apprenticeship, the staff is eighty, thirty-five guan: after two and a half years of apprenticeship, the staff is ninety, forty guan: after three years of apprenticeship, the staff is one hundred; four Fifteen guans: one hundred sticks for traveling two thousand miles, fifty guan: one hundred sticks for traveling two thousand five hundred miles, fifty-five guan: one hundred sticks for traveling three thousand li; eighty guan: (for miscellaneous capital crimes) hanging" [ 10].

3. When staying at the inn, you are not allowed to occupy the upper room of the inn. "Any official who goes out on official business and occupies the upper room in the main hall of the post house will be flogged fifty times" [11]. The meaning of this article specifically refers to "not being an official but talking about being noble", that is, if you are not a "person who obeys the order" and you are not of a certain grade and cannot arrogantly exceed the standards and etiquette, and you stay in the upper room of the inn, in fact, this is The legal representation of the hierarchical concept of feudal society.

3. Control of personal belongings carried with you

1. It is strictly prohibited to carry personal belongings on official ships or stagecoach machines. If you violate the regulations, not only will you be punished, but your items will also be confiscated. "Da Ming Code" stipulates: "Anyone who is on a mission should ride on a post horse. If he takes personal belongings in addition to his clothes and poles, he will be given sixty sticks for ten kilograms. For every ten kilograms, add one for every ten kilograms and one hundred canes for crimes. For post donkeys, one will be reduced. etc. "Private belongings are brought into the officialdom."

2. Secondly, it is strictly prohibited to bring personal belongings into official vehicles and ships. "Da Ming Code" stipulates: "Anyone who is required to ride an official horse, ox, camel, mule or donkey on official business, in addition to carrying clothes and poles, his personal luggage must not exceed ten kilograms. Violators will be whipped ten times for every five kilograms. The punishment for the crime shall be one level for each jin, and the penalty shall be 60 jins (except for riding on a stagecoach). Those who ride in boats and carriages must not carry more than 30 jins. Those who violate the rules shall be punished with 10 jins for every 20 jins, and one level for each jin. The crime is punished by a stick of seventy. The family members and the attendants will not sit down. If the person who sent the thing is sent to someone else, the person who sent it will be guilty of the same crime. "Don't sit down." [13] During the Jiajing period, this article was further refined. The "Regulations on Penalties for Riding Official Livestock Cars and Boats with Personal Property" states: "Along the river, Ding Youqifu was promoted to ministers of relatives and sacrifices, and he was promoted to foreign ministers and officials. If an official on official business inside or outside the country is engaged in illegal salt smuggling by horse or boat, he will seize the husband and bring in stateless people, insult and bind the official, and demand both silver and silver. If there is any obstruction, please report to the officials and ask questions. If there is anyone who is afraid of the situation, please refer to 2. Control of transportation expenses and 3. Carrying personal belongings with you. "Control 5. Punish local officials for their actions." In this way, all officials involved in this process are linked by law. Therefore, in the Ming and Qing dynasties, the crimes committed by officials were not a single crime, but were often intertwined with each other, involving the same crime and involving a wide range of areas. Therefore, if the law is used properly, it can prevent official corruption. If it is used improperly, a large number of officials will be involved for one thing, which will have a huge impact on their politics. It should be said that this is a major limitation of feudal criminal law.

4. It is strictly forbidden to bully the people and prepare troops

1. It is strictly forbidden for private servants to carry sedan chairs. "All government officials and envoys who help people carry sedan chairs will receive a staff of sixty. Those who have to deal with it will be reduced by one level" [14]. In addition, if you bully people, you will be severely punished if the report is true. In November of the 23rd year of the Jiajing reign (1544), the governor-general announced that Zhai Peng, Minister of the Ministry of War, was dismissed from his post. When he arrived at Hexiwu in Tianjin, because the people were unwilling to let him stay, he actually asked the local bank officer to take charge of the prison staff. The common people were arrested and imprisoned. The so-called "Governor-general announced that Zhai Peng, the Minister of the Ministry of War, and the governor of Jizhou Youqian, the imperial censor Zhu Fang, arrested them and ordered them to be tortured in prison. The law chief asked Peng to be imprisoned, but the superior said Peng was unfaithful and unfaithful. , The law should be put to death, but I will be lenient. The smoky ground will always be confiscated by the army. Fang's crime is serious and there is no need to prepare for trial. He ordered the Jinyi guards to arrest him at eighty in front of the Meridian Gate. , none of them were willing to stay. They even tried to sue the chief officer of Dachao Pass and imprison the residents. The residents complained to the factory guards to hear about it, and they arrested them again and brought them to Beijing to find their death in prison..."

2. Secondly, no privacy is allowed. Serve soldiers. "Any official in any government office who is responsible for official duties is not allowed to send soldiers to carry official belongings or personal luggage. Anyone who violates this rule will be flogged forty times, and each person will be counted as one day, and he will be charged sixty cents as salary." [16] Because Pubing is a post and express delivery staff, his duty is to deliver national documents and maintain the normal work of the post. Therefore, traveling officials are not allowed to abandon their official duties for personal reasons. This provision should be said to be the Ming Dynasty's obligation to the officials themselves. The cultivation of awareness.

3. In the Ming Dynasty, officials were strictly prohibited from going to the countryside at will to prevent them from disturbing the countryside. If the officials did not abide by the regulations and went to the countryside at will, the people could arrest them and send them to the capital. In the early years of Hongwu, they were executed. Later it was "service for life". Zhu Yuanzhang stipulated in the "Da Gao": "In the twelve chief ministers and prefectures and counties, I have banned officials and officials from going to the countryside to disturb the people. This ban has been for many years. Greedy people are often not afraid of death. Going to the countryside in violation of the order and disturbing the people. If you dare to do this in the future, I hope that the elderly and virtuous people will come to the capital with their best.

"[17] In the seventeenth year of Hongwu (1384), the Chief Secretary of Fujian Youbuzheng Chen Tai, who went to the countryside at will, was beheaded in the city, and "he ordered the Secretary to go to all departments and not to do this trip again. Each department received the forbidden text, not just one piece of paper, but five or seven times, each department clearly had a file. He is a murderer without a reason. He never follows the teachings and still goes to the countryside to disturb our good people. And for example, in the 18th and 19th years of Hongwu, Li Ruzhong, a co-president of Wuwei Prefecture, went to the countryside to disturb the people, and his crime was no longer pardoned."[18] Some people think that the "Da Gao" was abolished after Zhu Yuanzhang's death. In fact, this is not the case. Take this provision as an example. Until the Chenghua period, the government still strictly emphasized it. Volume 3 of "Records of Emperor Xianzong of the Ming Dynasty" contains: "Officials in the Weisuo and Fuzhou counties are not allowed to go to the countryside to disturb the people unless they are commissioned by their superiors. The person is guilty. ”

5. Control over the practices of local officials where they pass

1. Officials of the places where they pass must not be allowed to greet or see them off. "Da Ming Law" stipulates: "Any superior officer And when a visitor passes by, if the censor or the inspector goes out to patrol and administer the order, and the officials of the various yamen go out to greet the guest, they will be punished with a ninety stick. If they greet the guest without asking questions, the same crime will be committed. ”

2. Do not bully local officials where they pass. “Any public official who does not follow the etiquette and laws outside and bullies the guarding officer, prefect, or prefect will be punished with a sixty stick, and he will be returned to service after being attached.”[20].< /p>

3. You are not allowed to ask for horses from the places you pass by. "Any envoy who passes by on a mission and asks for a horse to ride on will be given sixty sticks; donkeys and mules will be flogged fifty, and officials will be fined." Those who cope with the situation will be reduced by one level, and the crime will be punished." [21].

4. Except for one's own tasks, one is not allowed to interfere with other people's affairs, otherwise he will be punished with a rod. According to "Da Ming Law·Li "Law 2" "If you send an envoy without returning your order," it stipulates: "Anyone who fails to return to an envoy following the imperial edict or interferes in other affairs will be punished with a hundred sticks." Those who are out of commission and interfere in other affairs will be punished with seventy sticks for regular affairs and one hundred sticks for military matters. Anyone who violates the rules and violates the authority of others will be punished by fifty whippings. "

5. For supervisory officials, the control is more stringent, and even the content of their conversations is controlled. For example, they cannot ask about local specialties. According to the (Wanli) "Minghuidian": " (Supervising the Censor) Wherever you go, you must be careful. You are not allowed to meet idle people before taking action. Except for official business, officials are not allowed to ask what products are produced here to prevent servants from spying and cheating. On arrival, officials are not allowed to buy goods, hold banquets, invite close friends, or work privately as craftsmen. They use guides and followers to show off their power and invite guilt. In patrol areas, relatives are not allowed to be entrusted with official duties by the respective yamen. and manage charging activities. "[22] If relatives of local people use their names to seek property, the censor himself will also be punished. In September of the 14th year of Chenghua (1478), Li Xun, the supervisory censor, was dismissed from his post as a civilian. The so-called "Xun Xunxun" In Guizhou, people from the countryside are allowed to come and go to the government office, and they can get a lot of money with their honors. When I realized that I had a good constitution, I ordered him to be dismissed from his post” [23].

In feudal society, the feudal regime's rule over the people was actually realized through the official behavior of officials at all levels. Emperor Jin Shizong of the Jin Dynasty once said: "The emperor regards the people as his sons, and cannot care for each family. When employing four, It is strictly forbidden to bully the people and prepare troops