唐代的請托及其法律治理困境

Soliciting-Help and Predicament on Harnessing Soliciting-Help in Tang Dynasty

請托是包括唐代在內的傳統社會的普遍現象。唐代實踐中的請托從類型上看主要有司法請托、科舉請托、銓敘請托、政治性請托；從途徑上看包括直接向主司請托、委託監臨勢要向主司請托、委託與主司關係密切之人向主司請托、委託與監臨勢要關係密切之人向主司請托；從手段上看包括以財物請托、以情色請托、空手請托。唐律對請托罪作了規定，同時追究請托人與受請托人的法律責任，但效果顯然不理想。既因實踐中請托方式的隱蔽，也因監臨勢要權勢的威懾抵消了法律制裁請托的威力，而根源在於傳統社會公權力的私化及其有效監督之缺乏。

Soliciting-help was common in ancient China including Tang Dynasty. Soliciting-help in Tang Dynasty happened on judiciary territory, imperial civil service examination, appointing officials and political action. Some solicited help of official-in-charge directly, others through who was powerful, or was close with official-in-charge or powerful officials. Some solicited help while giving bribes, others without bribes. Tang Code provided some crimes of soliciting-help, and penalized not the one soliciting help, but the one who accepted soliciting-help. However, the effects were unsatisfactory, because soliciting-help was covert sometimes, and the force of legal sanctions was counteracted by the power of superior officials and influential officials. Of course, the root cause was the power was privatized and not be supervised effectively in ancient China.