清代职业等级对人们等级地位的影响及相关问题以贼业贼役为中心的考察  

The Influence of Occupational Rank on People's Rank Status in Qing Dynasty and Related Issues: An Examination Focusing on Lowly Occupation and Lowly Service

作　　者：杜家骥[1] Du Jiaji

机构地区：[1]南开大学历史学院,天津300350

出　　处：《复印报刊资料（明清史）》2022年第5期66-82,共17页HISTORY OF MING AND QING DYNASTIES

摘　　要：中国古代职业具有等级性,影响乃至决定人们的社会等级地位。官方以士农工商四民为良,娟、优、隶卒等为贱,社会身份地位低于良民,其“贱”之关键,又在于所从事职业行为的性质,即是否属贱业、贱役,所以堕民乐户等即使已除豁贱籍为良,若操原来业,仍属贱民,良民操贱业也同样为者;隶卒衙役中也有不属贱役而非贱民者,衙役是否为“”者,也取决于其“职”事是否为“贱役”,文章揭示官方将衙役中定为“贱役”的诸役名目,论述其职事行为、性质、特点及定其为“贱役”的原因。中国古代因职而贱者尤其是执贱业的娟妓等,职业低贼卑污而为社会一般民众部视,官方也有贱视政策,最重要的是本身及子孙不得考、捐入仕为官,以此不得齐同于四民之良。但在等级身份地位上,其与奴婵之贱者又是有区别的。法律中,贱者范畴为有人身隶属之奴婢等,即“因身而贱”者。其“因职而贱”者,在法律中不作“贱”者,他们在刑事命案中的判处,是以良人适用律量刑,高于因身而贼的奴婢等。但这并不表明其法律身份完全等同于良人,由于对其无专条律文,因而与良人之间的非命案刑事,法司掌握不一,判处中有考量其贱之因素的案例,也有作良人对待的。仅因职而贱者正因为没有人身隶属,也不像奴婢那样被家主买卖、役使,因而有这方面的人身自由。凡此,体现了因职而贼者,似处在四民良人之下、又在奴婢之上的社会等级地位。In ancient China,occupations were hierarchical and influenced and even determined the social status of people.Officially,scholars,peasants,craftsmen and merchants were considered good,while prostitutes,actors,and pawns were considered lowly.Their social status was lower than that of the good people.The key to their"lowliness"lied in the nature of their professional behavior,i.e.,whether they were lowly jobs or lowly service.Therefore,even if a degenerate person had been removed from the lowly status and became a good people,if he was still engaged in the original lowly business,he was still a lowly.The article reveals the names of the official government services designated as"lowly service"and discusses the nature and characteristics of their duties and the reasons for their designation as"lowly service".In the law,the category of the lowly was the slave and servant with personal subordination,i.e.,those who were"lowly because of their bodies".Those who were lowly because of their jobs did not have personal affiliation,and were not bought and sold by their masters,unlike slaves,so they had personal freedom in this regard.All these reflected the social hierarchy of those who were lowly because of their jobs,which seemed to be below the four people and above the slave.

关 键 词：贼业 贼役 等级 法律 

分 类 号：F129[经济管理—世界经济] K249[历史地理—历史学]