试论明清“任所置买田宅”律  

On the Law of "Purchasing Property at Office Place" in Ming and Qing Dynasties

作　　者：刘俊[1] 

机构地区：[1]南开大学历史学院,天津300071

出　　处：《山西大学学报（哲学社会科学版）》2013年第6期73-78,共6页Journal of Shanxi University(Philosophy and Social Science Edition)

基　　金：教育部人文社会科学研究基金项目(13YJC790206)

摘　　要：明清时期,地方官员禁止任所置产。《大明律》、《大清律例》中均有"任所置买田宅"的立法规定。其目的在于督促诸有司官正己勤廉,不可在任所有谋私侵利的行为。本文从"任所置买田宅"的缘起写起,论述了本律的发展与消亡,分析了其作用与价值,并对之进行了评述。可以说,虽然"任所置买田宅"作为封建法律中的条文,对权贵的恣意妄为抑制有限,反贪功能也未有效达成,但其毕竟是一条曾经存在并发挥过一定作用的立法。其与明清律例中的"受赃"、"钱债"等律一体构成了保护百姓权利、明确官员义务的吏治规范的法律体系。During the Ming and Qing Dynasties, local officials were prohibited from buying real estate at the place of their office. The legislation as to the purchase of property at office place could be found both in The Great Ming Code and The Great Qing Legal Code with the aim to urge each officials to honestly performing his official duties and to be aware that seeking personal gains and the invasive behaviors should be forbidden during his tenure of office. From the origin of ＂purchase of property at office place＂ ,this paper discusses the development and disappearance of the law and analyzes its role and value. In other word ,although the ＂purchase of property at office place＂ can be regar ded as a clause in the feudal law, which was insufficient to restrain the arbitrary action of the rich people and inef fective to play the function of anti corruption, it was a law that existed and played a certain role during a certain period of time. Together with the law of taking bribes and the law of debts in Ming and Qing dynasties,it constituted a standard law system which protected the rights of the citizen and defined the obligation of the leaders.

关 键 词：任所置买田宅 有司官员 大明律 大清律例 

分 类 号：F129[经济管理—世界经济]