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唐代是中国古代社会发展的高峰,这与其严密的法制和较清明的吏治是分不开的。《唐律》中关于官吏贡举考选犯罪的规定是研究唐代法制、吏治的关键。《唐律》九十二条规定了贡举非人与考选不实两类犯罪。本文将通过现代刑法犯罪要件理论分析该罪,以期更好地展现唐代对于官员贡举考选犯罪的规定,并对当代官员选拔任用提供相关借鉴。
The Tang Dynasty was the peak of social development in ancient China, which was inseparable from its strict legal system and clearer administration. The stipulation of the law of the Tang Dynasty that the officials appraise and choose crime is the key to study the legal system and official management in the Tang Dynasty. The “Law of the Tang Dynasty” 92 stipulates that two types of crimes should be tributed to inhumanity and false election. This article will analyze the crime through the elements of criminal elements of modern criminal law, in order to better show the provisions of the Tang Dynasty officials for the election of crime, and provide reference for contemporary officials selection and appointment.