《岳麓书院藏秦简（三）》相关问题研究
发布时间：2018-11-03 15:44
【摘要】：《岳麓书院藏秦简(三)》“尸等捕盗疑购案”的郡报中购金额,皆为尸等逮捕一名罪犯的标准。该案治、阆等人皆为群盗盗杀人罪,但对其购赏的发放标准,因其秦人、荆人身份的不同而有差别。对秦人治等的赏金,以捕亡从群盗盗杀人的死罪标准发放,赏额为七两。对荆人阆等的赏金,以非吏所兴、毋什伍将长者捕它邦人来入为盗的标准发放,赏额为二两。郡报中的“三两”为“二两”之误,这是文书书手经常出现的错误。“暨过误失坐官案”中“犯令”、“误”、“坐官”三个法律术语,并不形成并列关系。因此,简牍释文中“小犯令二,大误一,坐官、小误五”的句读方法有误,当断读为“小犯令二、大误一、坐官小误五”。即八项纠劾可分为“小犯令”、“大误”、“小误”三类。其中“坐官”用来修饰“小误”,表示足以引起连坐并追究责任的程度。“八劾”中第一、七两个事例为小犯令行为,其余皆为误。其中第八事例,在库计中错计弩百具,占据完整弩数比重较大,当为大误。“学为伪书案”中“学”的行为,更类似于“盗书印”而非“为伪书”。如此方可解释吏议中“耐为隶臣”与“赎耐”的两种判决。不过其最终谳报中强调“毋择已为卿”,又要求“谨穷法以论之”,或许郡级单位另有考虑,有从重处罚的可能。
[Abstract]:Yuelu Academy's collection of Qin slips (3) > the county newspaper's purchase amount in the case of body arrest and suspected purchase is the standard for the arrest of a criminal. In this case, he and others all belong to the crime of theft and homicide, but the standard of payment is different according to the identity of Qin people and Jing people. The reward for Qin's rule of man and so on was paid to the capital crime of burglar and murder by arrest and theft, with a reward of seven. The reward for thorns, etc., should not be given to officials, but the standard payment for the elderly to bring other nations into theft is two or two. In the county newspaper, the error of twos and threes is a common mistake made by clerical writers. The three legal terms of "guilty order", "mistake" and "sitting official" do not form a parallel relationship. Therefore, the sentence reading method of "small crime order two, big mistake one, sitting official, small mistake five" in the paper was misread as "small crime order two, big mistake one, sitting official small mistake five." The eight impeachment terms can be divided into three categories: minor offense order, big mistake and minor error. One of the "sitting officials" used to modify the "small mistake", indicating enough to cause the sitting and accountability. The first and seven cases of impeachment are minor crimes and the rest are false. In the eighth case, a hundred crossbows were counted incorrectly, which occupied a large proportion of the complete crossbows. The behavior of learning is more similar to the theft of books than to false books. Only in this way can the officials explain the two kinds of judgments of "tolerance for scribe" and "redemption tolerance". However, the final ruling newspaper stressed that "no choice has been made" and demanded that "the law of poverty should be discussed." perhaps the county units have considered otherwise, and there may be a possibility of heavier punishment.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：K877.5
[Abstract]:Yuelu Academy's collection of Qin slips (3) > the county newspaper's purchase amount in the case of body arrest and suspected purchase is the standard for the arrest of a criminal. In this case, he and others all belong to the crime of theft and homicide, but the standard of payment is different according to the identity of Qin people and Jing people. The reward for Qin's rule of man and so on was paid to the capital crime of burglar and murder by arrest and theft, with a reward of seven. The reward for thorns, etc., should not be given to officials, but the standard payment for the elderly to bring other nations into theft is two or two. In the county newspaper, the error of twos and threes is a common mistake made by clerical writers. The three legal terms of "guilty order", "mistake" and "sitting official" do not form a parallel relationship. Therefore, the sentence reading method of "small crime order two, big mistake one, sitting official, small mistake five" in the paper was misread as "small crime order two, big mistake one, sitting official small mistake five." The eight impeachment terms can be divided into three categories: minor offense order, big mistake and minor error. One of the "sitting officials" used to modify the "small mistake", indicating enough to cause the sitting and accountability. The first and seven cases of impeachment are minor crimes and the rest are false. In the eighth case, a hundred crossbows were counted incorrectly, which occupied a large proportion of the complete crossbows. The behavior of learning is more similar to the theft of books than to false books. Only in this way can the officials explain the two kinds of judgments of "tolerance for scribe" and "redemption tolerance". However, the final ruling newspaper stressed that "no choice has been made" and demanded that "the law of poverty should be discussed." perhaps the county units have considered otherwise, and there may be a possibility of heavier punishment.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：K877.5
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