宋代军队经营活动中所涉及的法律刑名与惩治手段  

The Criminal Laws and Punishments on the Military Profit-making Business in the Song Dynasty

作　　者：王云裳[1] 

机构地区：[1]海军大连舰艇学院,教授史学博士大连116001

出　　处：《浙江社会科学》2011年第7期107-111,159,共5页Zhejiang Social Sciences

摘　　要：本文论述了宋代军队营利性经营活动所涉及的法律刑名与惩治手段,包括犯赃种类、各时期的惩治情况与所用刑罚等。宋代军队营利性经营活动的罪行以赃罪为主,纲运中军人犯法的处置细则也多触及赃律。宋朝对赃罪的处理日趋宽松,对边帅重将更是恩宠有加。除赃罪外,宋代军队营利性经营活动所涉及的法律刑名,还包括私相交易律、私役军士罪与计庸律等。这些法律刑名与惩治手段,既体现了宋廷对军队营利性经营的态度和政策,也是别具特色的宋代法律制度的重要组成部分。This paper attempts to expound the criminal laws and ways of punishment on the military profit-making business activities in the Song dynasty,such as the categories of ill-gotten gains,punishments and status in different period of time.Bribery was the most common crime in military profit-making business activities in the Song dynasty,with which most criminals from the military were charged.The penalty for bribery in the Song dynasty became gradually less severe and the royalty gave special favours to military leaders in frontiers.Besides the crime of bribery,the criminal laws concerning military the profit-making business activities were law for private trades,for private punishment to the soldiers and Total Yong Law.These legal penalty and punishment not only embodied the attitudes and policies Song dynasty took on the military profit-making business activity,but also were a major part of the unique characteristics of law institution in Song dynasty.

关 键 词：宋代 军队 经营 赃罪 法律刑名 

分 类 号：D929[政治法律—法学] K244[历史地理—历史学]