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Description
Term (pinyin)sī zuì
Name (cn)私罪
Translation [en]private misconduct (NP)
Translation [fr]faute personnelle
Antonym(s)gōngzuì
References律/lü 8 | Wenwuguan fan sizui 文武官犯私罪; Nancy Park, (Draft) Public and Private Misconduct; Shen Zhiqi Jizhu, Vol. 1, p. 23-25
CommentsFaute commise par un fonctionnaire de son propre chef, sans qu’elle résulte de l’exercice de sa mission. Elle engage donc la responsabilité personnnelle plus gravement qu'une faute de service gōngzuì
Nancy Park, (Draft) Public and Private Misconduct: According to Qing code art. 8, private misconduct referred to wrongful acts by officials that “were not committed in the course of public interest” (bu yin gongshi不因公事) or that “were committed for personal benefit” (yi suo zi已所自犯).”   In other words, to qualify as “private,” an act of misconduct had to fulfill at least one of the following conditions:  (1) it had to stem from motivations other than a desire to promote the interests of the state or general populace, or (2) it had to be prompted by self-interest.  Again, Shen Zhiqi expanded on this definition, identifying three characteristics of private misconduct: (1) that it “arose out of desire for private gain” (chuyu siyi出于私意), (2) that it “was committed intentionally” (youxin gufan有心故犯),  and (3) that it consisted of “mistakes that were not committed in the course of promoting the public interest” (fei yingong cuoshi非因公錯事).  
Legal definitions aside, there was a clear perception within the official culture that public misconduct gōngzuì  did not necessarily imply a lack of virtue or administrative incompetence, while sīzuì private misconduct gave off a distinct stench corruption, selfishness, and greed.  

 
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