1. The supervision organization is gradually independent and vertically supervised from top to bottom. In the early years of the Western Han Dynasty, Yushi was the highest supervisory official of the central government, in charge of supervision and served as deputy prime minister. Although this position is convenient for the prime minister to handle government affairs and supervise officials headed by the prime minister, from the perspective of the division of functions of the state machine, the supervisory power and the administrative power are glued together at this time, and the identity of the deputy prime minister makes the supervisory officer subject to the prime minister, making it difficult to exercise the supervisory power, and has not become a political entity independent of the administration. It was not until the early years of the Eastern Han Dynasty that Yushitai, headed by Shiyu Zhongcheng, was established that it really exercised its supervisory function independently, marking the separation of supervisory power and administrative power. The supervisory organization is basically independent of the administrative system, and there are specialized institutions and officials from the central government to the local government, which is self-contained. This is a great progress in history. Local inspectors are directly under the command of the central supervisory body and are appointed and removed by the central government; As the eyes and ears of the emperor, the supervisor has relative independence, which provides organizational guarantee for the gradual improvement of the supervision system and the exertion of supervision efficiency.
2. A systematic supervision legal system as a guarantee: for example, the first special local supervision regulation, Six Questions, was formulated, which was the earliest systematic supervision regulation in ancient times, became the legal basis for the secretariat of the Han Dynasty to exercise its supervision power, and played a role in restraining the secretariat's activities and preventing the abuse of power; The supervision and restriction of officials permeates the appointment, assessment, reward and punishment system, and heavy rewards and punishments are implemented, such as the "three mutual laws" implemented in the Eastern Han Dynasty, which is a relatively perfect and strict law in theory.
Selection and appointment of prosecutors in ancient China.
In ancient China, the supervisor shouldered the heavy responsibility of "correcting the evil of the official" and "assisting the monarch". What kind of person to choose to exercise this power was the key factor to determine whether the purpose of supervision could be realized. For this reason, the rulers of past dynasties established a relatively complete system of selecting and appointing supervisors, and strengthened the requirements for the quality and ability of supervisors. The Ministry of Yuan Gui and Gong Xian in the Book House said: "From a big point of view, the position of a husband's constitutional official is to help the industry of the three public officials to spread morality, and from a small point of view, it is the right and wrong of punishing officials. Therefore, the Han and Wei dynasties have to pay back the money, and the responsibility is particularly heavy. As for the selection, they must give talents. " Since the Han Dynasty, the appointment of supervisory officials has received special attention. Sufficient knowledge, talent, awe-inspiring character, rich political experience and good political achievements are all necessary conditions for obtaining this appointment.
First, emphasize honesty and self-cultivation. Taking evil as enemy, not afraid of powerful people, being honest and loyal to their duties are the basic character requirements of supervisors. In the "power field", an official who inspects people "must be honest before he can make a difference." If he is dirty, he won't notice other people's violations. If he is not discerning, greedy for power, and timid, he can't do the work of correcting bullets. He may even collude with traitors and corrupt officialdom. Sima Guang once said in the Song Dynasty, "There are three things to choose officials first: one is not to love money, the other is to cherish honor, and the third is to know how to govern." Bao Zheng, an upright official, also said that The Ombudsman "is a person with extraordinary strength. Improper light award. " In practice, all previous dynasties attached great importance to morality when selecting and appointing supervisors. As the main way of selecting officials in Han dynasty, the system of inspection and reward began with the recommendation of remonstrating officials. In November of the second year of Emperor Wendi's reign, due to the solar eclipse, the imperial edict said, "Those who raise sages can give advice to the extreme" to curb the master's "haste". The supervisor recruited by this imperial edict is the supreme emperor, and those who have the courage to risk their lives will never dare to engage in such "high-risk" operations. During the reign of Emperor Wenzong of Tang Dynasty, he opposed taking "Dodge" as a supervisor. When Zhu Yuanzhang was in the Ming Dynasty, he asked six subjects who were in charge of the six departments to "cherish fame and wealth" instead of "wealth", and asked them to "patent the country instead of working for the body" and "forget their homes for the country and their bodies for loyalty"-for the court and the emperor. The imperial edict of the eight years of Shunzhi in Qing Dynasty: the subjects selected for the examination of internal officials must be talented and excellent, and the money and food of foreign officials must be all, and only those who have not participated in the punishment can be allowed to take it. Emperor Kangxi repeatedly said: "If you supervise the country, you will die if you rely on its selfishness.". Therefore, the selection of supervisors should be based on the principles of diligence, integrity and fairness. " What's the use of studying if you have a bad heart? "In the forty-third year of Kangxi, it was stipulated that those who were demoted or demoted should not be selected, and the invigilators should be flawless and sincere.
Historically, there have been many resolute supervisors in honesty and frankness. Wei Xiang in Han Dynasty was a "strict man". After Xuan Di acceded to the throne, he was appointed as an ancient consultant. The Huo Group, which was authoritarian and chaotic, took filial piety as the hero, which was called "filial piety, and C (Kyrgyzstan) Wei (Xiang) had the right to speak". Yang Bing, an imperial envoy at the end of the Eastern Han Dynasty, served as the secretariat of four states successively, boasting "incorruptibility", refusing to bribe millions of people outside the door, and boasting of "three-character puzzle". The "three puzzles" are "wine, sex and money". In the Tang Dynasty, all the censors were "upright and outspoken", while Li Shangyin was outspoken. There is nothing to hide, "and they are all praised by the emperor for being smart." Cao Xibao, an imperial envoy of the Qing Dynasty, impeached his family when he and Kun were in power, aiming at his backstage forces and Kun. Without the support of "manly" spirit and noble character, the extraordinary actions of these inspectors could not be brave.
Second, pay attention to knowledge. The supervisor must be knowledgeable and understand laws and regulations. Familiarity with laws and regulations is a necessary requirement for supervisors in Han Dynasty. During the Zhao Xuan period, Yu Dingguo was promoted from an imperial envoy to an imperial envoy, and later to an imperial envoy as an inspector. His knowledge of law, L, was learned from his father when he was a child. After his father died, he became a counselor. Zhang Tang and Zhao Yu, the "cruel officials" of the censors in the period of Emperor Wu of the Han Dynasty, were both proficient in the law. They have participated in the legislative work and compiled the Law on Passing the Palace, the Law on Meeting with Right Members and the Law on Remembering Past Events. It is natural that such a legal expert is in charge of the constitution. After listing thirteen brutal officials in Biography of Historical Records, Ban Gu commented: "It's so cool. Call it a place. " Only when it is used can we do our duty.
After the implementation of the imperial examination system in Sui and Tang Dynasties, invigilators often needed imperial examination status. For example, in the Song Dynasty, more than 90 Taiwan Province remonstrating officials all had the status of Jinshi, and even if there were occasional non-Jinshi as constitutional officials in the Southern Song Dynasty, they should first be "specially granted Jinshi origin". During the reign of Jingkang, Tang Shu, who was recruited as an official by Yin Department, was appointed as the censor. Zhong Cheng, the censor, resolutely opposed it on the grounds of "violating the rules of his ancestors" and forced him to change his post. During the Hongwu period of the Ming Dynasty, young scholars were selected for further study in imperial academy after passing the imperial examination, and they were named Jishi Shu. Some of them were assigned to train as six subjects. By the Ming Dynasty, the entry of philistines into the four Sendai was greatly restricted. According to Biography of Ming History, Deng Yu's article "An Overview of Supervision System in Ming Dynasty" counted the qualifications of 209 imperial examinees, of whom 29 were non-examinees 180, which was quite different. Among non-scholars, juren accounts for the majority. In the Qing dynasty, there was a clear stipulation in the law: only people with Jinshi background could take the exam and choose invigilators. In the eleventh year of Shunzhi, it was stipulated that "anyone who was born as an official of the Han Dynasty shall not take the exam or choose the road of science". In the nineteenth year of Kangxi, the imperial edict said, "Those who made mistakes in the Han Dynasty are not allowed to take the exam, although they are recommended." . This system was flexible during Yongzheng, but it was later restored. In addition to strict requirements for officials' knowledge, there are two considerations when entering the inspector from the imperial examination: First, after the Tang Dynasty, the imperial examination must first undergo strict moral inspection, and those who send tributes to the countryside must have five guarantees to prove their moral integrity and no criminal record. Second, the imperial examination takes Confucian classics as a compulsory subject, and the process of students preparing for the exam is a process of accepting Confucian ethics and self-cultivation. Therefore, for invigilators, the imperial examination is an important channel to ensure their character and virtue.
Third, pay attention to ability and experience. A competent supervisor should not only have enough knowledge reserves, but also have rich experience in politics, be sensible, understand the world situation and know how to govern himself. Otherwise, without practical ability, he will be incompetent. Therefore, since the Tang dynasty, the selection of supervisors generally has corresponding qualifications and needs practical work experience. According to the Tang Dynasty, Yushi must have worked in a local county. In the Song Dynasty, when Renzong was in office, the supervisor had to "pass the sentence twice". When Xiaozong was in office, he had to have two county magistrate experiences to supervise the suggestion. Xuanzong Xuande of the Ming Dynasty issued a ten-year decree, "Beginners are not allowed to remove the wind constitution." In the fourth year of British orthodoxy, it was ordered that "anyone who had been a scholar, a Guo Jian diploma, a teacher, or a Confucian scholar in the official department should be sent to Douchayuan for half a year, free of examination." In the Ming Dynasty, those who actually took up their posts were generally "scholars who worked in various yamen, pedestrians who had been paid for more than two years, doctors who had been promoted, and people who had been tested in magistrate of a county for three years". Procurators in Qing Dynasty were mostly selected by on-the-job Beijing officials, people with outstanding achievements in other counties and promotion, and passed the examination after being recommended by domestic and foreign officials. Generally speaking, if Beijing officials are required to pay two years' salary and foreign officials three years' salary, they can "eat enough". Experience and qualifications require a certain age "capital", and those who are too young are naturally not allowed to engage in scientific and technological work. The Ming dynasty stipulated that "those who have reached the age of 30 can take the exam in the official department and be awarded the post of suggestion". But at the same time, those who are too experienced to do anything can't be ordered to patrol and perform official duties, and of course they are excluded. According to the Qing Dynasty, people over the age of 65 could not sponsor supervisors. If he is too old to do anything, he will also be ordered to leave. For example, Jiaqing and Zuodu Yushi Wang Chengpei should have been dismissed because of their "weak eyes and dim eyes". Gu is the son of Wang Youdun, a former minister, and a descendant of the old minister. He wrote Jia En's resignation with two articles.
Fourth, re-election procedures. In the process of selecting and appointing supervisors, most of them were selected by local officials through inspection, and some "talents" were appointed because they were directly appreciated by the emperor. Since the Sui Dynasty, the power of appointment and appointment has been unified to the official department. This reform is undoubtedly helpful to overcome the problem of mutual protection between officials and officials caused by the relationship of "disciple and old friend" under the recommendation system in Han Dynasty. However, in the Tang Dynasty, the right to select and appoint supervisory officials belonging to the official department was actually in the hands of the prime minister, which produced a new drawback: "The prime minister used to be an official in Taiwan Province, and the prime minister dared not speak out when he was wrong." In fact, the Prime Minister was excluded from the scope of supervision. In order to solve this problem, after the Song Dynasty, the power to recommend Taiwan Province as an admonisher was further withdrawn. Most of the central-level inspectors are appointed by the emperor himself, while the local inspectors are appointed directly by the central inspectors. This reform brought the "powerful" prime minister into the supervision field of vision, and the supervision power got rid of the control of relative power. At the same time, it makes the appointment of the Ombudsman more standardized and strengthens the authority of the Ombudsman.
In order to ensure the just realization of the supervisory function, the withdrawal system of supervisory officials was also implemented in ancient China. It was clearly stipulated in the Northern Wei Dynasty that the children of the gentry were not allowed to serve as supervisors. After the Tang and Song Dynasties, the avoidance system became stricter. Du You, the son of Tang Dynasty Prime Minister Du You, was appointed as an admonition officer. He was transferred to another post because of opposition. It was stipulated in the Song Dynasty that anyone recommended by the Prime Minister as an official, as well as relatives, children and subordinate officials of the Prime Minister, were not allowed to serve as supervisors. On the basis of the Tang and Song Dynasties, the Ming Dynasty further stipulated that "the minister's house should not be a Taoist priest", and asked the inspectors to avoid their original residence or places where they had served as officials or lived in order to prevent relatives and friends from interfering with supervision. In the process of supervision, if the case involves vendetta, the supervisor should also avoid it, otherwise, the case will be wasted and the offender will be punished more severely. The Qing Dynasty stipulated that the children of officials and governors with three grades or above in Beijing were not allowed to take the subject examination, and their native place and relatives were also the objects that inspectors had to avoid when accepting the task.
In order to choose carefully, after examining the items such as personality and qualifications, the practical ability of supervisors, that is, "trial job", was also investigated in the Ming and Qing Dynasties. In the Ming Dynasty, when Xuande was proclaimed for three years, it was stipulated that Jinshi, Guo Jian Guo-zi-jian diploma and instructor worthy of appointment should stay in various political departments for three months. At the end of the term, it is divided into three grades according to performance: upper, middle and lower. Those in the upper-middle level will be given a real position in the imperial history, and those in the lower level will be sent back to the official department for another job. Since then, in the Qing Dynasty, the appointment of probation has become a custom, with a term ranging from six months to one year.
As the "department of eyes and ears" of the emperor, the role of the ancient supervisory organs in China became prominent with the strengthening of autocratic rule. Accordingly, the system of selecting and appointing supervisors is becoming more and more strict and perfect. In addition to the personal requirements of the appointees, the appointment procedures are becoming more and more standardized, which ensures the high quality of supervisors and the fair exercise of supervision rights from all aspects. The supervision system is praised by western scholars as the second "Great Wall of Wan Li" in the history of China. The effective operation of this powerful political defense project is inseparable from the above-mentioned strict appointment system.
It was the Qin Dynasty that established the supervision system earlier in China. With the establishment of centralized autocratic monarchy system, the imperial history of the monarch's "ode to books and grant decrees" [Du You: General Code, Volume 24, Official Six] has developed into a supervisory officer who is also a picket. Shi Yu said in Wen Tong Kao Guan Kao Qi Yushitai: "Qin and Han Dynasties were pickets." It shows that the supervision system was established in the Qin Dynasty. The imperial censor was the highest supervisor in the Qin Dynasty, the head of the imperial censor, ranking above Tingwei. The Imperial History Doctor led his subordinate officials to form the Imperial History Office (Taiwan), which constituted the central supervisory organ of the Qin Dynasty. In local counties, review bodies are set up. "Bai Han Guan Biao" says: "The censor, Qin Guan, is in charge of the county." This is an official sent by the imperial court to the local government to carry out supervision tasks. His main duty is to picket the county officials and participate in the management of criminal prisons. However, the censor is not a local official position, nor is it stationed in a local place, but belongs to the censor's office (Taiwan Province) and is directly under the command and control of the censor and censor. The vertical system of supervisory organs began in the Qin Dynasty. The imperial supervision system in Qin dynasty was still in its infancy. Although Yushi has the responsibility of supervision and assists the emperor in supervising officials, he still has various other administrative affairs and is not a full-time supervisory official. Shi Yu has three main duties: first, to assist the emperor and the prime minister in managing other state affairs; Two, the implementation of supervision and rectification of illegal officials. When carrying out this business, Yushi is often ordered to directly participate in interrogation activities. Historical Records of Qin Shihuang and Historical Records of Li Si recorded that when Qin Shihuang tried Li Si for "rebellion" in Xianyang, both of them took part in the trial. Three, responsible for recording the imperial edict of the emperor, in charge of the formulation, preservation and verification of criminal law. The supervision system initiated by the Qin Dynasty was inherited by later generations. In addition, the examination and supervision of hundreds of officials also constituted a major feature of China's ancient political system and judicial system.
The supervision system initiated by the Qin Dynasty was still in use in the early Han Dynasty. After constant adjustment, the supervision system in Han Dynasty has changed obviously. In the Han Dynasty, the central government still set up the Imperial Palace, also known as the Imperial Palace, as the highest supervisory organ, with the imperial doctor as its chief executive and subordinate officials such as Zhong Cheng and Shi. During the Eastern Han Dynasty, the central supervisory organ was changed to Yushitai, which belonged to one of the nine dynasties in the Qing Dynasty. However, Yushitai is independent of Shangshutai and Zhezhetai, also known as Santai. After that, the suggestion was changed to commonplace. In the Western Han Dynasty, besides supervising hundreds of officials to correct illegal acts, the physician sometimes led troops to conquer and exercise certain military power. The Six Records of Five Emperors in Hanshu records that in the third year of peace, in the spring and March, Shangqiu, an ancient imperial doctor, led 20,000 troops out of Xihe to attack Xiongnu. This also shows that there is no special and single supervisory organ in the Western Han Dynasty. In addition to supervising the Yushi Mansion, Emperor Wu of the Han Dynasty also set up the Prime Minister's Department in the Prime Minister's Mansion for a period of five years to "take charge of the lawlessness of the Prime Minister" [the history of Emperor Wu of the Han Dynasty] and assist the Prime Minister in "monitoring the record of the state" [the history of the later Han Dynasty, the record of officials]. The establishment of supervisory officials in the central and highest state administrative organs has strengthened the state's supervisory function. Locally, there are two main types of supervisory organs in Han Dynasty. One is the captain of Li Si. A captain from Li Si is in charge of "supervising the cunning" [the list of officials in the later Han Dynasty] and "supervising the offenders and the vicinity of counties" [Records 4 of officials in the later Han Dynasty]. The other is the State Secretariat. At the beginning of Han Dynasty, the imperial history of Qin Dynasty was abolished, and the Prime Minister sent the "Prime Minister History" to supervise the counties. During the period of Emperor Wu of the Han Dynasty, in order to effectively control the localities, the supervision system was adjusted, and the history of prime ministers supervising counties and counties was abolished. The whole country is divided into 13 counties. Except for the state where the capital is located, Li Si is a captain, the other 12 States each have a secretariat, which is directly under the imperial history. In addition to the district governor, the emperor sometimes appointed "embroidered clothes to refer to the suggestion" directly from the suggestion, punished local cunning, tried major cases with counties, or was responsible for suppressing peasant riots. The authority of the secretariat is mainly determined by Zhang Feng's Zhao Tiao (* * * six articles), and the secretariat goes to the local area to diagnose and treat diseases. Within the scope of "six articles", the secretariat of history can correct impeachment: "the article can be cited." [The Biography of Zhaifang in Han Dynasty] exceeds "six articles", namely "obeying imperial edicts" and "disobeying official duties". Initially, it was stipulated that the secretariat should "ask questions with six articles" and not ask other jobs except six articles. Later, it was gradually restricted, so that by the end of the Western Han Dynasty, the right to secretariat was very serious. Some people call it "choosing the first official, and the recommendation position is higher than Jiuqing. By the end of the Eastern Han Dynasty, the secretariat gradually mastered the command of the army, managed the local government, and became the local supreme governor.