“大逆不道”还是“逆不道”——从王杖简册说起
发布时间：2018-08-21 08:07
【摘要】：传统观点认为汉代王杖简册中记载的"逆不道"即"大逆不道"罪省称,但是汉代"逆不道"罪应是独立存在的罪名,并不同于"大逆不道"罪。从刑罚适用角度看,汉代"大逆不道"主犯受腰斩刑,同时亲族因连坐被判处死刑,不因身份不同而存在减刑的可能。而王杖简册中的侵犯王杖老人的罪犯以"逆不道"罪论处,主犯被处弃市刑,不连坐亲族。
[Abstract]:The traditional view is that the crime of "against the Tao" recorded in the book of Wang Chang in the Han Dynasty is called "contrary to the Tao", but the crime of "not obeying the Tao" in the Han Dynasty should be an independent charge, which is not the same as the crime of "not obeying the word". From the point of view of penalty application, the main criminals in Han Dynasty were chopped in half, and their relatives were sentenced to death because of their even sitting, and there was no possibility of commutation because of their different status. The criminal who violated the old king's wand in the book of the king's staff was punished by the crime of "disobeying the Tao", and the principal offender was sentenced to abandon the market and not even to sit down with his relatives.
【作者单位】： 中国政法大学法学院;
【分类号】：K877.5
[Abstract]:The traditional view is that the crime of "against the Tao" recorded in the book of Wang Chang in the Han Dynasty is called "contrary to the Tao", but the crime of "not obeying the Tao" in the Han Dynasty should be an independent charge, which is not the same as the crime of "not obeying the word". From the point of view of penalty application, the main criminals in Han Dynasty were chopped in half, and their relatives were sentenced to death because of their even sitting, and there was no possibility of commutation because of their different status. The criminal who violated the old king's wand in the book of the king's staff was punished by the crime of "disobeying the Tao", and the principal offender was sentenced to abandon the market and not even to sit down with his relatives.
【作者单位】： 中国政法大学法学院;
【分类号】：K877.5
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