唐代连坐制度初探
发布时间：2018-11-18 15:36
【摘要】：在现代社会看来,连坐是一种残忍的、非人道的犯罪惩处手段。其“以有罪累及无罪”的处罚方式同现代社会的“罪责自负”原则是格格不入的。即使在连坐法实施时期,其反对者也大有人在,连坐法也因之一度被限制甚至取消。但在事实上,连坐法在中国历史上前后存在数千年之久,并最终成为一种制度,被列入律文之中,其施用史不绝书。这种在相悖的现象决定了连坐制度是一个值得关注的课题。 唐代是中国历史上一个相对繁荣、开放的封建王朝,其所创造的物质文明和精神文明对后世的中国和当时的世界都产生了深远的影响。同历代封建王朝一样,唐代也设立有连坐制度。本论文即是以唐代为历史背景,对连坐制度所包含的基本内容、体现的特征及其历史作用进行论述和评析。 在内容上,唐代连坐制度主要包括缘坐(亲属连坐)、官吏职务连坐、邻里连坐、朋党连坐四种形式。本论文在搜集、整理史料的基础上,对这四种连坐形式进行了一个从制度规定到具体实施情况的梳理,做出了一个较为全面的论述。在此基础上,归纳出唐代法律制度的一些相关特征,认为唐代法制具有较强的恤刑主义色彩;但在执行上,尤其到唐代中后期,法律执行与制度规定之间存在着较大的出入。 众所周知,唐代法律制度在中国法制史上较有代表性。在前文对唐代连坐制度进行从制度到具体实施进行论述评析的基础上,本文的第七章对于连坐制度进行了一个历史的评价。在本部分中,首先就连坐制度的确立和废止原因做出了一个分析,并对连坐制度所产生的历史作用阐明了几点看法。作者认为,对连坐制度进行评价应该放在历史大背景中,不能因为其所显现出的残忍性而将其全盘否定。从这个角度出发,作者认为连坐制度具有积极和消极两方面的作用。从国家统治者的角度来看,连坐制度所发挥的历史作用应该是积极的:它大大节省了国家的管理成本,却加强了基层控制力度;它强化了家族成员的家族意识,并加速了家族法的出现和定型。连坐制度成为维系“家国一体”体系的强制性纽带,有利于维持封建国家的统治秩序。而从社会和个人的角度来看,连坐制度的消极作用也是明显的。它忽视甚至无视个人的生命价值,视生命如草芥;连坐制度虽然维护了社会的稳定,却严重地阻碍了社会变革。因此,连坐制度只能是国家统治的工具,历史发展的大趋势决定了其最终必将退出历史舞台的命运。
[Abstract]:In modern society, even sitting is a cruel, inhuman means of criminal punishment. The punishment of "involving guilt and innocence" is incompatible with the principle of "guilt and responsibility conceit" in modern society. Even during the implementation of the law, its opponents were numerous, and even the law was once restricted or even cancelled. But in fact, even sitting method existed for thousands of years in Chinese history, and finally became a kind of system. This contradictory phenomenon determines that the system of continuous sitting is a subject worthy of attention. Tang Dynasty was a relatively prosperous and open feudal dynasty in Chinese history. The material civilization and spiritual civilization created by Tang Dynasty had a profound influence on the later China and the world at that time. Like the feudal dynasties of the past dynasties, the Tang Dynasty also set up the system of even sitting. Based on the historical background of Tang Dynasty, this paper discusses and comments on the basic contents, characteristics and historical functions of the system. In terms of content, the system of continuous sitting in Tang Dynasty mainly includes four forms: fate sitting (relatives sitting), officials sitting in office, neighborhood sitting and paparazzi sitting. On the basis of collecting and sorting out the historical data, this paper makes a comprehensive discussion on the four kinds of continuous sitting form from the system stipulation to the concrete implementation. On this basis, some relevant characteristics of the Tang Dynasty legal system are summarized, and it is considered that the Tang Dynasty legal system has a strong color of compassionate punishment, but in the execution, especially in the middle and late Tang Dynasty, there is a big difference between the law enforcement and the system provisions. As we all know, the Tang Dynasty legal system is more representative in the history of Chinese legal system. On the basis of the analysis of the system from system to practice in Tang Dynasty, the seventh chapter of this paper makes a historical evaluation of the system. In this part, the author first makes an analysis of the reasons for the establishment and abolishment of the system, and expounds some views on the historical function of the system. The author believes that the evaluation of the system should be placed in the background of history, and it should not be totally denied because of its cruelty. From this point of view, the author thinks that the system of even sitting has both positive and negative effects. From the point of view of the state rulers, the historical role played by the system of even sitting should be positive: it greatly saves the management cost of the country, but strengthens the control at the grass-roots level; It strengthens the family consciousness of the family members and accelerates the emergence and stereotyping of the family law. The system of contiguous sitting has become the compulsory link to maintain the system of "family and country", which is helpful to maintain the ruling order of feudal country. From the point of view of society and individual, the negative effect of even sitting system is obvious. It ignores and even ignores the value of individual life, and regards life as a straw; even though it maintains social stability, it seriously hinders social change. Therefore, the system of continuous sitting can only be the tool of national rule, and the general trend of historical development determines its fate of withdrawing from the stage of history.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：K242
本文编号：2340434
[Abstract]:In modern society, even sitting is a cruel, inhuman means of criminal punishment. The punishment of "involving guilt and innocence" is incompatible with the principle of "guilt and responsibility conceit" in modern society. Even during the implementation of the law, its opponents were numerous, and even the law was once restricted or even cancelled. But in fact, even sitting method existed for thousands of years in Chinese history, and finally became a kind of system. This contradictory phenomenon determines that the system of continuous sitting is a subject worthy of attention. Tang Dynasty was a relatively prosperous and open feudal dynasty in Chinese history. The material civilization and spiritual civilization created by Tang Dynasty had a profound influence on the later China and the world at that time. Like the feudal dynasties of the past dynasties, the Tang Dynasty also set up the system of even sitting. Based on the historical background of Tang Dynasty, this paper discusses and comments on the basic contents, characteristics and historical functions of the system. In terms of content, the system of continuous sitting in Tang Dynasty mainly includes four forms: fate sitting (relatives sitting), officials sitting in office, neighborhood sitting and paparazzi sitting. On the basis of collecting and sorting out the historical data, this paper makes a comprehensive discussion on the four kinds of continuous sitting form from the system stipulation to the concrete implementation. On this basis, some relevant characteristics of the Tang Dynasty legal system are summarized, and it is considered that the Tang Dynasty legal system has a strong color of compassionate punishment, but in the execution, especially in the middle and late Tang Dynasty, there is a big difference between the law enforcement and the system provisions. As we all know, the Tang Dynasty legal system is more representative in the history of Chinese legal system. On the basis of the analysis of the system from system to practice in Tang Dynasty, the seventh chapter of this paper makes a historical evaluation of the system. In this part, the author first makes an analysis of the reasons for the establishment and abolishment of the system, and expounds some views on the historical function of the system. The author believes that the evaluation of the system should be placed in the background of history, and it should not be totally denied because of its cruelty. From this point of view, the author thinks that the system of even sitting has both positive and negative effects. From the point of view of the state rulers, the historical role played by the system of even sitting should be positive: it greatly saves the management cost of the country, but strengthens the control at the grass-roots level; It strengthens the family consciousness of the family members and accelerates the emergence and stereotyping of the family law. The system of contiguous sitting has become the compulsory link to maintain the system of "family and country", which is helpful to maintain the ruling order of feudal country. From the point of view of society and individual, the negative effect of even sitting system is obvious. It ignores and even ignores the value of individual life, and regards life as a straw; even though it maintains social stability, it seriously hinders social change. Therefore, the system of continuous sitting can only be the tool of national rule, and the general trend of historical development determines its fate of withdrawing from the stage of history.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：K242
【参考文献】
相关期刊论文 前4条
1 宁欣;论唐代荐举[J];历史研究;1995年04期
2 彭炳金;论唐代官吏职务连坐法律制度[J];人文杂志;2004年05期
3 张维迎,邓峰;信息、激励与连带责任——对中国古代连坐、保甲制度的法和经济学解释[J];中国社会科学;2003年03期
4 ;中华书局今年计划出版的中国哲学著作[J];哲学研究;1959年03期
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