秦汉劳役刑的发展演变研究
发布时间：2019-01-20 20:38
【摘要】：不论是哪一种社会形态,刑罚的本质都是国家对违反现行刑法的犯罪行为的一种惩罚机制,目的是从根本上维护统治阶级的利益,维护社会秩序。不同历史时期的刑罚内容,反映了当时的社会观念和思想变迁。本文以秦汉劳役刑刑罚为研究对象,对秦汉劳役刑刑徒指代、刑徒生活以及社会地位进行考证和分析,力求厘清秦汉劳役刑的发展演变轨迹,主要内容如下:第一章,关于秦汉五种劳役刑的研究。出土简牍结合传世文献的记载,通过对城旦舂、鬼薪白粲、隶臣妾、司寇以及候刑的分析,得出如下结论:城旦舂刑为秦汉劳役刑中等级最高的刑罚,应用于危害较大的刑事犯罪,并且不仅仅只是男犯为城旦,女犯为舂,二者可以交叉服役。鬼薪白粲与城旦舂应当是同一等级的刑罚,并不是只适用于贵族或减轻其处罚的律文。隶臣妾作为重刑犯与轻刑犯的过渡刑罚,在刑罚体系中起到了缓冲作用。司寇和候作为轻刑刑名,适用于比较轻微的犯罪。判处司寇和候刑的犯人服役内容为伺察敌情,监督重刑犯服役。从宏观上分析秦汉劳役刑刑名和适用范围,以捋清秦汉劳役刑的发展脉络。第二章,关于秦汉劳役刑刑期研究。分析研究简牍文献资料,吸收前哲今贤的观点,提出自己对于劳役刑刑期的看法。秦代劳役刑刑期以无期刑为主流,但是出于量刑合理和平衡刑罚体系的需要,也出现了“系城旦舂六岁”的有期刑,可以说秦代产生了有期刑的萌芽。在汉文帝刑制改革后,劳役刑刑期变为了有期刑,刑罚标准由劳役刑服刑内容的轻重变为了服刑时间的长短。第三章,对与劳役刑刑名搭配的“髡、耐、完”刑的分析研究。这三种刑名根据本意来说,“髡、耐”是基本不存在争议的,但是“完”刑出现后,三者之间的关系就陷入混乱中。以往,学者大多只是从法律学角度来解释刑名,往往不能准确把握当时的含义。本文把这三种刑名放到不同的阶段进行解读,结合当时的时代背景,本文认为,“完”刑在秦至文帝改制前与“髡”刑或者“耐”刑相当,文帝改制后,“完”刑可以解释为完好无损的意思,这与今日的含义接近。总体来说,秦汉劳役刑刑罚体系呈现出由繁到简的趋势,法律条文也趋于人性化、文明化。秦汉时代是古代刑罚建立、发展的重要时期,对秦汉时代劳役刑的分析研究,有助于厘清刑罚的发展演变轨迹,深入了解秦汉国家控制和社会发展。
[Abstract]:No matter what kind of social form, the essence of penalty is a punishment mechanism of the state for the criminal act of violating the current criminal law. The purpose is to fundamentally safeguard the interests of the ruling class and maintain the social order. The content of penalty in different historical periods reflects the change of social concept and thought at that time. This paper takes the penalty of servitude in Qin and Han dynasties as the research object, and makes textual research and analysis on the reference, life and social status of the penalty of servitude in the Qin and Han dynasties, and tries to clarify the development and evolution of the penalty of servitude in the Qin and Han dynasties. The main contents are as follows: the first chapter, The study of five kinds of servitude in Qin and Han dynasties. The unearthed bamboo slips combined with the records of the handed down literature, through the analysis of the city of Dan Chung, the ghost of Bai charm, the concubine of the scribe, the Si Kou and the waiting punishment, draw the following conclusion: the Cheng Dan Chung sentence is the highest grade penalty of the Qin and Han dynasties in the penalty of servitude. They can be used in criminal offences with great harm, and not only for men and women, but also for cross-service. Ghost pay white charm and city Chung should be the same level of punishment, is not only applicable to the aristocrat or mitigated their punishment. As the transitional penalty of heavy punishment and light punishment, concubinage played a buffer role in the penalty system. As the name of light punishment, Scot and Hou are applicable to relatively minor crimes. The serving content of the prisoners sentenced to crime is to observe the enemy's situation and supervise the service of the felons. This paper analyzes the name and scope of labor penalty in Qin and Han dynasties from the macro point of view, in order to smooth out the development of labor penalty in Qin and Han dynasties. The second chapter, about Qin and Han Dynasty labor sentence research. This paper analyzes and studies the literature of the Chien slips, absorbs the views of former philosophers and scholars, and puts forward their own views on the sentence of hard labour. Life penalty is the mainstream of the sentence of servitude in Qin Dynasty. However, due to the need of reasonable sentencing and balanced penalty system, there is also a fixed penalty of "six years old in the city", which can be said to have sprouted in the Qin Dynasty. After the reform of the penalty system of Emperor Wen in Han Dynasty, the sentence of hard labour was changed into the term of imprisonment, and the penalty standard changed from the content of serving the sentence of hard labour to the length of the sentence. Chapter three, the analysis and research of Kun, Nai, Wan with the title of hard labor. Kun Nai is not controversial, but the relationship between them is in confusion after the appearance of the punishment. In the past, scholars used to explain criminal names from the perspective of law, often unable to accurately grasp the meaning of the time. This article interprets these three kinds of punishment names at different stages, combined with the background of the times at that time, this article thinks that the "finish" punishment was equivalent to "Kun" or "endure" punishment before Qin Dynasty to Wen Emperor's reform, and after Wen Emperor reformed the system, it was the same as the punishment of "Kun" or "endure" punishment. "finish" punishment can be interpreted as the meaning of intact, which is similar to the meaning of today. Generally speaking, the penalty system of the Qin and Han dynasties showed a trend from complexity to simplicity, and the legal provisions tended to be humanized and civilized. The period of Qin and Han dynasties is an important period for the establishment and development of ancient penalty. The analysis and study of the penalty of servitude in the period of Qin and Han dynasties is helpful to clarify the evolution of the criminal penalty and to understand the state control and social development of the Qin and Han dynasties.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：K232
本文编号：2412378
[Abstract]:No matter what kind of social form, the essence of penalty is a punishment mechanism of the state for the criminal act of violating the current criminal law. The purpose is to fundamentally safeguard the interests of the ruling class and maintain the social order. The content of penalty in different historical periods reflects the change of social concept and thought at that time. This paper takes the penalty of servitude in Qin and Han dynasties as the research object, and makes textual research and analysis on the reference, life and social status of the penalty of servitude in the Qin and Han dynasties, and tries to clarify the development and evolution of the penalty of servitude in the Qin and Han dynasties. The main contents are as follows: the first chapter, The study of five kinds of servitude in Qin and Han dynasties. The unearthed bamboo slips combined with the records of the handed down literature, through the analysis of the city of Dan Chung, the ghost of Bai charm, the concubine of the scribe, the Si Kou and the waiting punishment, draw the following conclusion: the Cheng Dan Chung sentence is the highest grade penalty of the Qin and Han dynasties in the penalty of servitude. They can be used in criminal offences with great harm, and not only for men and women, but also for cross-service. Ghost pay white charm and city Chung should be the same level of punishment, is not only applicable to the aristocrat or mitigated their punishment. As the transitional penalty of heavy punishment and light punishment, concubinage played a buffer role in the penalty system. As the name of light punishment, Scot and Hou are applicable to relatively minor crimes. The serving content of the prisoners sentenced to crime is to observe the enemy's situation and supervise the service of the felons. This paper analyzes the name and scope of labor penalty in Qin and Han dynasties from the macro point of view, in order to smooth out the development of labor penalty in Qin and Han dynasties. The second chapter, about Qin and Han Dynasty labor sentence research. This paper analyzes and studies the literature of the Chien slips, absorbs the views of former philosophers and scholars, and puts forward their own views on the sentence of hard labour. Life penalty is the mainstream of the sentence of servitude in Qin Dynasty. However, due to the need of reasonable sentencing and balanced penalty system, there is also a fixed penalty of "six years old in the city", which can be said to have sprouted in the Qin Dynasty. After the reform of the penalty system of Emperor Wen in Han Dynasty, the sentence of hard labour was changed into the term of imprisonment, and the penalty standard changed from the content of serving the sentence of hard labour to the length of the sentence. Chapter three, the analysis and research of Kun, Nai, Wan with the title of hard labor. Kun Nai is not controversial, but the relationship between them is in confusion after the appearance of the punishment. In the past, scholars used to explain criminal names from the perspective of law, often unable to accurately grasp the meaning of the time. This article interprets these three kinds of punishment names at different stages, combined with the background of the times at that time, this article thinks that the "finish" punishment was equivalent to "Kun" or "endure" punishment before Qin Dynasty to Wen Emperor's reform, and after Wen Emperor reformed the system, it was the same as the punishment of "Kun" or "endure" punishment. "finish" punishment can be interpreted as the meaning of intact, which is similar to the meaning of today. Generally speaking, the penalty system of the Qin and Han dynasties showed a trend from complexity to simplicity, and the legal provisions tended to be humanized and civilized. The period of Qin and Han dynasties is an important period for the establishment and development of ancient penalty. The analysis and study of the penalty of servitude in the period of Qin and Han dynasties is helpful to clarify the evolution of the criminal penalty and to understand the state control and social development of the Qin and Han dynasties.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：K232
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