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公务协助是公民在特殊情况下主动代替或协助国家机关执行公务、维护社会公共利益的行为。对犯罪的告举是公务协助义务的重要内容,这一义务的法律化萌芽于西周,正式确立于商鞅之法,汉代发生重要转型,至唐代基本定型并沿用至明清时期。古代告奸法的流变中,法的技术性始终未曾缺位,法的伦理性日益受到重视,并最终形成技术性与伦理性有机融合的局面。以古为鉴,现行法律对公民公务协助义务的设定也应以伦理性为基础,实现伦理性与技术性的统一。
Official assistance is the act of citizens taking the initiative to replace or assist state organs in carrying out official duties and safeguarding public interests in special circumstances. The reporting of crimes is an important part of the official assistance obligation. The legalization of this obligation began in the Western Zhou Dynasty and was formally established in Shangyang’s law. An important transformation took place in the Han Dynasty and was basically settled in the Tang Dynasty and was used until the Ming and Qing Dynasties. In the changes of the ancient law of adultery, the technical nature of the law has never been absent. The ethics of law has been paid more and more attention, and finally the organic integration of technology and ethics has been formed. Taking ancient as a mirror, the current law should also set ethical obligation as a foundation to realize the unification of ethics and technology.