摘要
汉唐循吏主要面对着以下四种与百姓相关的矛盾:一是百姓利益与循吏自己、亲人等私人利益的矛盾,此时循吏选择牺牲私人利益,尽心为百姓办事。二是百姓利益与下属、同僚、上司、君主等各方利益的矛盾,此时循吏选择以百姓利益优先,牺牲下属利益,站在了同僚、上司和君主的对立面。三是百姓利益与法律制度的矛盾,此时循吏选择为了百姓而不遵守法律制度。四是百姓与百姓利益的矛盾,对于刑事案件,循吏秉公执法;民事纠纷则以调解为主。在循吏的观念中,百姓的分量最重,法律制度次之,君主最轻。循吏在处理上述四种矛盾时,分别体现出了无私奉献、不畏权威、礼优于法、灵活权变的原则。
Officials of Han and Tang Dynasties mainly faced four contradictions relating to their administration of the people.The first was the contradiction between the interests of the people and the personal interests of the officials themselves and of their relatives.Lofty officials,at this time,would choose to sacrifice the latter and serve the people wholeheartedly.The second was the contradiction between the interests of the people and the interests of the officials’subordinates,of their colleagues and superiors,and even of the monarch.In this case,lofty officials would choose to prioritize the interests of the people,sacrificing the interests of the latter parties.The third contradiction existed between the interests of the people and the legal system of the country.Upon this time,lofty officials would choose to act for the people and not comply with the legal norms.The fourth contradiction often appeared when the interests of the common people were conflicting each other.Faced by these situations,lofty officials would resort to contextualized solutions.For criminal cases,the law should be enforced impartially;For civil disputes,mediations and reconciliations were adopted as the major approaches.In the hearts of lofty officials,the weight of the people was the heaviest,followed by that of the legal system,while that of the monarch was least important.When dealing with the above-mentioned types of contradictions,lofty officials observed the principles of selfless dedication,fearlessness of authorities,prioritizing rituals over laws,and flexibility and adaptability.
作者
胡博文
HU Bowen(School of History and Culture,Shaanxi Normal University,Xi’an 710119,China)
出处
《唐都学刊》
2024年第2期16-22,共7页
Tangdu Journal
关键词
汉唐
循吏
矛盾
选择
治民
Han and Tang Dynasty
lofty official
contradictions
choices
administrating the people
