摘要
明代皇帝授权官员便宜行事的记载普遍见于外交、军事和民政等各领域,但其实授权有限、制约较多。有便宜行事权官员的绝大部分履职决策都会奏请皇帝批准。便宜行事超出授权或者明显违法的,事后都会被追究法律责任。不过便宜行事权官员提出的大多数奏请都获得批准,有些还获破例优待。官员在紧急情况下的自行便宜行事符合国家利益的,也会获得认可甚至奖励。明代便宜行事权作为中央集权的补充和调节,对平衡央地关系起到了重要作用,是中国古代行政授权制度的成功典范。
Records of the Ming emperors authorizing civil and military officials to act at their discretion are widespread in various fields such as diplomacy,military affairs,and civil administration.However,the authorization was limited,especially in judicial matters.The vast majority of decisions made by officials with the right to act at their discretion were submitted to the emperor for approval in advance.If the actions exceeded the authorization or were obviously illegal,legal responsibility would be pursued after the fact.The accountability for personnel matters was particularly strict,and even making suggestions was considered an act of usurpation.Nevertheless,most of the requests made by officials with the right to act at their discretion were approved,and some even received exceptional treatment.In cases where officials acted on their own in emergencies and it was in the national interest,they would be recognized and even rewarded.The power to act expediently in the Ming Dynasty,as a supplement and adjustment to centralization of power,played a significant role in balancing the relationship between the central and local governments and was a successful example of the administrative authorization system in ancient China.
作者
张群
Zhang Qun(School of Political Science and Law,Capital Normal University,Beijing,China)
出处
《社会科学论坛》
2025年第4期99-120,共22页
Tribune of Social Sciences
基金
教育部人文社会科学重点研究基地重大项目《中华法系的“大国治理”:维护统一的“法律之治”研究》的阶段性成果,项目编号:22JJD820021。
关键词
便宜行事
中央集权
央地关系
制度调适
expedient action
centralized power
central-local relationship
institutional adjustment
