秦居赀赎债制度研究

发布时间：2018-05-22 08:30

本文选题：居赀赎债 + 制度　；参考：《西北大学》2009年硕士论文

【摘要】： 1975年12月在湖北省云梦县睡虎地出土一批秦简《睡虎地秦墓竹简》,向我们打开了秦律的一扇小窗户,从而掀起了研究秦律的阶段性热潮。伴随研究的深入,一种崭新的制度——居赀赎债制度,也渐渐被了解。随后的龙岗秦简、里耶秦简相继问世,其中都有与居赀赎债制度相关的律文,而后一批汉简中经过制度变形后的有关居作、罚金、赎金的规定,足可证明这个制度的施行是广泛而又影响深远的。这个制度的作用,在于提供了无偿劳作的大量劳动力,与近些年发掘的秦刑徒墓地相关联,表明“居赀赎债者”参与了帝王陵墓及其相关设施的修建,由此扩大到秦代其他重大工程修建所需人力,也当有这部分人参与其中。依据“居赀赎债者”从事的不同劳作类型,居作的劳动强度也有相应的划分。“赀赎债”三方面,由于当事人无法缴纳被判处的处罚,因此将这种处罚转化为“居作”,称为居赀、居赎、居债,直至当事人及其相关人员的劳作抵偿了所应受的处罚为止。居赀赎债制度为国家提供了大量的劳动力,与当时刑徒、徭役、兵役所需劳动力并无冲突,这是秦律的完备和进步。
[Abstract]:In December 1975, a batch of bamboo slips of Qin Bamboo slips were unearthed in Shuihudi, Yunmeng County, Hubei Province, which opened a small window of Qin Law and set off a stage upsurge in the study of Qin Law. With the deepening of the study, a new system-the redemption system, also gradually understood. Subsequently, Longgang Qin slips and Liya Qin slips came out one after another. Among them, they all had laws related to the system of redeeming debts for money. The regulations on residence, fines, and ransoms in the latter batch of Han bamboo slips, after being deformed by the system, It can be proved that the operation of this system is extensive and far-reaching. The role of this system is to provide a large amount of labor for unpaid work, which is linked to the excavation of the tomb of Qin prisoners in recent years, indicating that the "redeemers of wealth" were involved in the construction of the imperial mausoleum and its related facilities. This expanded to other major projects in the Qin Dynasty to build the manpower, should also have this part of the participation. According to the different types of work performed by the foreclosure, the labor intensity of residence is divided accordingly. In the three aspects of "redeeming money", because the party concerned can not pay the punishment, the punishment is transformed into "residence", which is called residence, foreclosure, and debt until the work of the party and its related personnel has paid off the punishment to which it should be subjected. The system of foreclosure provided a large number of labor force to the country, and there was no conflict with the labor force required by the criminals, corvee and military service at that time, which was the perfection and progress of the laws of Qin Dynasty.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D929

【引证文献】