甲骨卜辞所载商晚期刑罚考论

发布时间：2018-05-29 22:28

本文选题：甲骨卜辞 + 商晚期刑罚　；参考：《河北师范大学》2011年硕士论文

【摘要】：甲骨卜辞中的商晚期刑罚共有十一种,分三类,分别是：一、确定的商晚期刑罚：刖刑、宫刑、(?)刑、途刑,共四种。二、推测的商晚期刑罚：墨刑、劓刑,共二种。三、有歧义的商晚期刑罚：醢刑、(?)刑、乇刑、(?)刑、伐刑,共五种。这十一种刑罚无一例外都是以残害罪犯身体、性命为手段的肉刑、死刑。传世文献对于包括商代在内先秦时代的“五刑”有明确的记载。然而,甲骨卜辞中有墨刑、劓刑、刖刑、宫刑,也有(?)刑、途刑、伐刑等死刑,却没有一条辞例将墨、劓、刖、宫,以及(?)途、伐等,同时记录并明确定其为五刑,也没有“大辟”,或与之类似的词汇。因此,“五刑”的概念对于以甲骨卜辞中刑罚为代表的商晚期刑罚可能并不适用。甲骨卜辞中能确定的商晚期刑罚(?)刑,与用牲法中的(?)；存在歧义的商晚期刑罚：(?)刑、(?)刑、伐刑,与用牲法的(?)、(?)、伐,在名称以及对罪犯与人牲的处置手段上有重合。这意味着刑罚与用牲法之间有交集。笔者认为,交集产生的原因,在于实施的对象主要是俘虏。甲骨卜辞中的刑罚与用牲法,主要集中在武丁与祖庚时期,而《殷本纪》等文献记载帝辛时有严酷的刑罚,笔者推测,文献记载的帝辛时期的酷刑是对用牲法的借用。甲骨卜辞所载商晚期刑罚种类多样,主要分致人伤残的肉刑与取人性命的死刑两种,这反映了商代刑罚制度己经很完备。学者据文献记载,考证商代除了甲骨卜辞记载的刑罚之外,可能还有徒刑、流刑和自由刑等轻刑。甲骨卜辞所载商晚期刑罚,文献记载的商晚期刑罚,共同组成了完整的商晚期刑罚制度。相对于皋陶所作之刑、禹刑、汤刑,商晚期刑罚可能更加完备与成熟。相对于西周时代的九刑,商晚期刑罚还没有与礼乐制度结合得很紧密,仍然较多地保持了刑罚的本来面貌。因此,商代刑罚,主要是商晚期刑罚,对于后世的影响,尤其是对法家的影响,可能很大。战国末年荀子所说“刑名从商”,恰当地反映了包括商晚期在内的商代刑罚的历史地位。
[Abstract]:There are eleven kinds of late Shang penalty in oracle bone inscriptions, which can be divided into three categories: first, the determined punishment of the late Shang period: the punishment of cutting off, and the punishment of the palace. There are four kinds of punishment, road punishment. Second, the conjecture of late Shang penalty: Mo penalty, punishment, a total of two. (III) late Shang penalties with ambiguous meanings: salt and salt) Torture There are five kinds of punishment. These 11 kinds of punishment are all carnage to kill the criminal body, life as the means, the death penalty without exception. There is a clear record of the five punishments in the pre-Qin period, including Shang Dynasty. However, among the inscriptions of the oracle bones, there are inks, curses, cut off, palace punishments, and so on.) The death penalty, such as the punishment of punishment, the punishment of the road, the death penalty, etc., but there is no such thing as an example of intonation, cut off, palace, and so on.) Tu, felling, etc., also recorded and clearly identified as the five penalties, nor "grand", or similar words. Therefore, the concept of "five penalties" may not be applicable to the late Shang penalty represented by the oracle bones. What can be determined in the oracle bone inscriptions? Punishment, and the law of sacrifice; the late Shang sentence of ambiguity. Punishment) Punishment, and the use of the law of the zodiac, cutting, in the name and the treatment of criminals and animals. This means that there is an intersection between punishment and the use of the law of the beast. The author believes that the main reason of intersection is that the object of implementation is prisoners. The punishment of oracle bone inscription and the method of using animal were mainly concentrated in the period of Wu Ding and Zu Geng, while the literature such as "Yin Benji" recorded the severe punishment at the time of emperors. The author speculated that the torture in the period of monarchy recorded in the literature was the borrowing of the law of the beast. There are various kinds of late Shang penalty in the oracle bone inscriptions, mainly divided into two kinds: the maiming and the death penalty, which reflects the perfection of the penalty system in Shang Dynasty. According to the literature, the scholars proved that in the Shang Dynasty, in addition to the punishment recorded in the oracle bone inscriptions, there may be light punishments, such as imprisonment, living-penalty and freedom punishment. The late Shang penalty contained in the oracle bone inscription and the later Shang penalty recorded in the literature formed a complete system of late Shang penalty. Compared with Gao Tao's punishment, Yu's punishment, Tang's punishment and late Shang's punishment may be more complete and mature. Compared with the nine punishments in the Western Zhou Dynasty, the late Shang Dynasty penalty was not closely combined with the system of rites and music, and still kept the original appearance of the penalty. Therefore, the penalty of Shang Dynasty, mainly in the late Shang Dynasty, may have a great influence on later generations, especially on Legalists. In the late warring States period, Xunzi called "criminal name following commerce", which appropriately reflected the historical position of Shang penalty including the late Shang Dynasty.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：K877.1

【参考文献】