秦汉赎刑的流变  

The Evolution of the Redemption System in Qin and Han Dynasties

作　　者：代思晴 Dai Siqing(School of History and Civilization,Shaanxi Normal University,Xi’an 710119,Shaanxi,China)

机构地区：[1]陕西师范大学历史文化学院,陕西西安710119

出　　处：《学术探索》2023年第4期113-120,共8页Academic Exploration

摘　　要：秦汉赎刑有规定刑与替换刑两种。秦律中适用某种罪行依法判处的刑罚都是规定赎刑,百姓只能赎耐罪以下的轻刑。“赎鬼薪鋈足”“赎宫”和各种形式的赎替都是替换赎刑,用于特殊群体。《二年律令》所载赎刑皆为规定刑,广泛适用,对女子的恤刑和爵赎是替换赎刑。汉初爵赎扩展至社会中下层,惠帝时向钱赎转化。汉文帝时,赎刑种类减少,并与罚金刑混同,但仍是正刑,替换赎刑的适用范围缩小。武帝时赎刑的正刑地位继续下降,替换赎刑一度居于主流,但非常制,适用范围有限,服务于贵族。宣帝时赎法适用范围扩大,除甘露赎罪文书所规定的罪行不可赎外,余皆可入钱赎罪。东汉赎罪之法更加盛行,自殊死以下皆可适用,永初以后成为定制。In the Qin and Han dynasties,the redemption system included two types:stipulated punishment and replacement punishment.The names of the punishments in the Qin laws that applied to certain crimes legally imposed were all stipulated atonement sentences,and the commoners could only atone for lighter sentences below Naixing.The punishment like amputation of foot,castration and the various forms of ransom were all replacement atonement,used for special groups.The ransoms contained in The Two-year Laws and Decrees were all stipulated and widely applied,while the compassionate ransom for women and the juridical ransom were replacement ransoms.At the beginning of the Han Dynasty,the use of Jueshu was extended to the lower and middle classes of society,and it was transformed into money ransom in the reign of Emperor Hui.During the reign of Emperor Wen,the number of types of redemption was reduced and mixed with fines,but they were still the regular penalties,and the scope of application of replacement redemption was reduced.Then during the reign of Emperor Wu,the status of redemption as a formal punishment continued to decline,and replacement redemptions were once mainstreamed,but were not institutionalized and had a limited scope of application,serving the nobility.During the reign of Emperor Xuan,the scope of application of the law of atonement was expanded,and all could be atoned for with money but the crimes specified in the Ganlu Expiation Documents.Finally,in the Eastern Han Dynasty,the law of atonement became more prevalent and was applied widely except the punishment of beheading,and became customary after the Yongchu period.

关 键 词：赎刑 睡虎地秦简 张家山汉简 荆州胡家草场西汉简牍 

分 类 号：K206.3[历史地理—历史学]