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中国古代大致从秦汉开始,就建立了御史和言官制度,作为帝制下制约腐败的特殊机构和制度。但是,专制和腐败是一对双主子,专制必然滋生腐败,腐败也必然依赖专制。监察权根本不能独立于皇权,古代法制虽然详密,却不能真正以法治代替人治,监察权既是皇权的附庸,就不可能真正有效地制约腐败。尽管如此,古代监察制度不仅给今人留下了失败的教训,也留下若干可资借鉴的经验。第一,从制度的规定看来,占代的台(御史台)官和谏官不但可以论事,也可以论人,不但可以纠劾百官,也可以批评皇帝。“文死谏,武死战”,文官以谏、武官以战而死历来被视为最高的道德标准。第二,古人虽然有很强的等级观念,但在监察制度下,却能做到低品的台谏官纠劾高官,直接批评皇帝。凡是刚直不阿、直言无讳者,反而得
In ancient China, roughly from the Qin and Han dynasties, the Censor and official government system was established as a special institution and system for restricting corruption under the monarchy. However, autocracy and corruption are a pair of dual masters. Autocracy necessarily breeds corruption. Corruption must also depend on autocracy. The supervisory power can not be independent of the imperial power at all. Although the ancient legal system was more detailed, it could not replace the rule of man by the rule of law, and the supervisory power was not only the vassal of imperial power, it would not be possible to effectively restrict corruption. In spite of this, the ancient system of supervision not only left the people with a lesson of failure, but also left some lessons for reference. First, judging from the rules of the system, officials and remonstrators, who occupy Taiwan, can not only talk about matters, but also talk about people. They can not only correct officials but also criticize the emperor. “Civil execution remonstrance, war on arms”, civil officials to remonstrance, military attache to war dead has always been regarded as the highest moral standards. Second, although the ancients have a very strong hierarchical concept, they can do low-level, high-ranking officials and escort officials directly under the monitoring system and directly criticize the emperor. Those who are upright, outspoken, but get it