"爱吏不爱民"的《唐律》--对 "明主治吏不治民"的《唐律》的再考察

传统认为中华法系典型代表的<唐律>集中体现了封建明君"治吏不治民"的思想.综合考察<唐律>全文和仔细分析传统思想,唐律处处为官吏提供了种种法律上特权的,官吏作为君主统治人民的工具和政策忠实执行者,为了达到驱使他们统治人民维护政权的最终目的,封建君主竭尽所能的为犯罪官吏予以种种特权免于刑事处罚,"爱吏不爱民"才是封建法律制定的真实目的,是封建统治体制的根本需求.

Tang Code: Be in Privilege of Officials, not Common People--Some Reflections on Tang Code

Traditionally,it is thought that Tang Code, typical of Chinese Legal family, embodies the feudal bright thought that Emperor " manage official, not care the people ". Surveying the full text of Tang Code and analyzing the traditional thought carefully, we find that Tang Code has offered all sorts of privileges in law to the officials everywhere. After all, the officials are regarded as the tool ruling people and faithful executor of policy. In order to drive them to govern the country, the feudal Emperor tries his best to give criminal officials all sorts of privileges to elude from punishment. " Love official, not care the people" is true purpose of feudal government and the bureaucracy.