官方舆论与依法治国－晚清中央机关“清议”群体现象个案分析

管理国家要求德治和法治相互配合。官方舆论属于德治范畴。清流派清议代表了晚清官方舆论 ,它的伦理思想体系是儒家道德规范。清流派以实际行动在实践着他们一贯坚持的官方舆论 (德治 )与以大清律例为准绳办案 (法治 )二者并重的主张。其官方舆论披露了官吏营私这个吏治腐败的焦点问题 ,通过 5个重大案例又反映出官方舆论在依法办案、依法治国中的重要作用。

Official Consensus and Rule by Law:Cases Analysis of "Just Comment" School in Central Government in Late Qing Dynasty

The management of state requests that ruling by morality combine ruling by law.The official consensus is part of "ruling by morality".The "just comment" school-Qingliu, represented the official consensus of late Qing Dynasty,the ethic of which was the ethics of Confucianism.They practiced their allegation all along,which paid equal attention to ruling by morality-official consensus and ruling by law-handling a case according to the law of Qing Dynasty.The official consensus came light to the placeman feathering his own nest,which was the focus problem of the corruption of bureaucracy.The five important cases reflects the important function of the official consensus in handling a case according to the law and managing state affairs by law.