睡虎地秦简中的“公”与“王”——以“宗祠”类财产所有权的相关讨论为核心
发布时间：2018-12-20 05:42
【摘要】：经历了东周剧变,周天子"王"的所有权标识逐渐被新的名目取代。不过,在睡虎地秦简中仍有一组财产被同时冠以"公"与"王"的专有性质即"公祠""王室祠"等特殊财产,而与之相关的祭祀类律法的存在则表明了秦律对于先秦祭祀传统、法家"立公灭私"思想的继承,又体现出在秦朝改元称王的重要时期,统治者借助早期祭祀律法来宣明其统治权威的政治目的。在其后的汉初律简中又较难寻见此类记载,这无疑是秦汉律简中较明显的区分。
[Abstract]:After the upheaval of the Eastern Zhou Dynasty, the title of the king was gradually replaced by a new name. However, there is still a group of property in the Sleep-Tiger Land Qin bamboo slips which are labeled "public" and "king" at the same time, that is, "public shrine" and "royal temple" and other special properties, such as "ancestral hall", "royal temple" and so on. The existence of the relative law of sacrificial sacrifice showed that the Qin law inherited the tradition of sacrifice in the pre-Qin Dynasty, and reflected the important period when the Qin Dynasty changed the Yuan Dynasty and became king. The rulers declared the political purpose of their ruling authority with the aid of the early sacrificial law. It is difficult to find such records in the later early Han Dynasty, which is undoubtedly a distinct distinction between Qin and Han Dynasty.
【作者单位】： 复旦大学法学院;
【分类号】：D929
[Abstract]:After the upheaval of the Eastern Zhou Dynasty, the title of the king was gradually replaced by a new name. However, there is still a group of property in the Sleep-Tiger Land Qin bamboo slips which are labeled "public" and "king" at the same time, that is, "public shrine" and "royal temple" and other special properties, such as "ancestral hall", "royal temple" and so on. The existence of the relative law of sacrificial sacrifice showed that the Qin law inherited the tradition of sacrifice in the pre-Qin Dynasty, and reflected the important period when the Qin Dynasty changed the Yuan Dynasty and became king. The rulers declared the political purpose of their ruling authority with the aid of the early sacrificial law. It is difficult to find such records in the later early Han Dynasty, which is undoubtedly a distinct distinction between Qin and Han Dynasty.
【作者单位】： 复旦大学法学院;
【分类号】：D929
【参考文献】
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