조선왕조 상피제相避制의 역사적 의의

• 영문명: The Historical Meaning of the Institute of Mutual Evasion in Incestuous Relative in Choseon Dynasty
• 발행기관: 충북대학교 법학연구소
• 저자명: 이재룡(Lee, Jae-Ryong)
• 간행물 정보: 『법학연구』第20卷 第1號 (2009), 93~119쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

The Institute of Mutual Evasion in Incestuous Relative(相避制) is a system that near category relative does not work together on official affair in a government office of subordinate relationship. This is a system to prevent political power from converging in specification pedigree for bureaucratic fair practice. This had been used to important system for government official appointment all through Choson Dynasty. This had been magnified and applied delicately on variable social economical and political foundation, had corresponded in political situation of the complicated present age and continuously been changed too. The Institute of Mutual Evasion in Incestuous Relative includes the one of the center government organization(京官相避), the local government organization(外官相避), the criminal proceedings(訟官相避) and the state examinations(試官相避). This is applied over the whole country rule system across the board in order to ensure fairness in each department of country administration and to prevent bureaucracies' collectivization. King properly used to utilize this system to accomplish arrangement of mutual power of political party. The Institute of Mutual Evasion in Incestuous Relative is one of these structures which is working in based on bureaucratic government structure. This is a effective foundation for rational application of bureaucratic government. Therefore it is said that the system of Mutual Evasion containes universally just reasonable principle because state government is exercised in the public area. We must prevent the personal human relationship from permeating into public area in the present administrative affairs. Therefor, the principle of The Institute of Mutual Evasion in Incestuous Relative may be important in present administrate state still. The our Constitutional Law proclaimes that we seek for the party governmental representative system. According to the Constitutional Law, member of the National Assembly is not a delegate of local district but a state organ which representes a people by political party. Therefore, we must make them do not manage own electoral district by the principle of The Institute of Mutual Evasion in Incestuous Relative. The principle of this system can be applied to electoral district of National Assembly at this point. That is, we may expect politic stability by which the member of the National Assembly is separated from his electoral district and subordinated to his political party.

목차

1. 이끔말

2. 상피제의 연혁

3. 붕당정치기 상피제도의 운용실태

4. 소결 : 상피제도의 통치구조적 의의

5. 맺음말 : 상피제와 정당 정치적 민주주의 제도

참고문헌

Abstract

키워드

상피제 송관상피 언관상피 시관상피 붕당정치 정당정치적 민주주의 the Institute of Mutual Evasion in Incestuous Relative relative mutual evasion on lawsuit relative mutual evasion on organ of expression relative mutual evasion on national examination a fractional politic by coterie comradely parties democracy of party politics