秦汉士人犯罪研究

发布时间：2019-06-02 21:23

【摘要】：士人阶层是秦汉时代的一个主要社会阶层，他们是文化和各种思想的载体，凭借自己所掌握的文化知识为统治阶级服务。士人或入仕为官直接参与政事，或以言论、著述等方式间接参政议政，自觉的与政治发生千丝万缕的联系，他们对王朝的兴衰存亡有着高度的责任感和使命感。士人对政治的关心一方面会给自己带来仕途上的发展，另一方面却不可避免的与统治者发生矛盾冲突，导致犯罪。在“君主独制于天下而无所制”的情况下，除了真正的触犯法律被治罪之外，士人的犯罪还包括了得罪皇帝或权贵而被治罪的情况。士人犯罪的定罪标准并不是单纯依据法律的。秦汉时期士人犯罪的类型是多种多样的，本文根据罪名分为四大类来论述：一是不道罪，其中包括谋反、祝诅、妖言、诽谤、诬罔、怨望等，其中诽谤罪是最常见的；二是大不敬罪，包括非所宜言、废诏命等；三是阿党和交通罪；四是其他类型的犯罪，如首匿，它在东汉党锢之祸时出现的最为频繁，此外还有擅出界、挟书罪、造意罪、杀人以及被牵连或被诬陷治罪等。尤其到了王朝末期，政治腐败，统治者已经不再按照法律定罪的时候，进献忠言的士人更容易被按上各种罪名。士人犯罪主要集中在政治和文化领域，因为他们具有一定的文化知识，大部分士人的理想就是为统治者出谋划策，在政治生活中实现人生的价值。秦朝的坑儒和东汉的党锢之祸可以说是士人的两次集体罹难。士人的言论触怒了统治者的主观意志是这两次事件的共同起因之一。王朝对士人的杀戮直接导致了政权的衰落。党锢之祸的规模更大，牵连的士人更多。秦汉士人犯罪的原因有三个。一是封建专制主义中央集权的建立，使政治环境呈现出了与先秦时期完全不同的风貌，皇权的至高无上和士人天生的使命感有不可避免的冲突；二是两汉选官制度使得很多士人没有入仕的机会，通过非正常途径做官的士人难免会触犯法律或触怒皇帝；三是秦朝、西汉、东汉三朝本身的士节、士风就不相同，，如此使三朝士人的犯罪特点各异。秦汉政府主要从两个方面对士人犯罪进行预防。一是宣扬皇权的至高无上，对臣民灌输忠君观念；二是兴办学校，用儒家思想教化士人，用高官厚禄吸引士人；用刑罚震慑士人。有些士人本身也会采取一些措施，如以隐居或不仕的方式来切断与政治的联系，从而避免了被按上莫须有的罪名。士人犯罪及政府的处罚措施对士人本身的影响是最大的。遭到打击的一部分士人丧失了同腐败势力抗争的勇气，以隐居不仕来对抗时局，朝廷失去了一大批尽忠的士人，
[Abstract]:The scholar class is one of the main social strata in the Qin and Han dynasties. They are the carriers of culture and all kinds of ideas, and serve the ruling class by virtue of their own cultural knowledge. Scholars or officials directly participate in politics, or indirectly participate in politics by way of speech and writing, and consciously have inextricably linked with politics. They have a high sense of responsibility and mission to the rise and fall of the dynasty. On the one hand, scholars' concern for politics will bring about the development of their official career, on the other hand, it will inevitably conflict with the rulers and lead to crime. In the case of "monarch alone in the world and no control", in addition to the real crime of violating the law, the crime of scholars also includes offending emperors or dignitaries. The conviction standard of scholar crime is not based solely on the law. There are many types of scholars' crimes in Qin and Han dynasties. This paper is divided into four categories according to the charges: first, guilt, including conspiracy, curse, evil words, slander, false waste, resentment and so on, among which libel is the most common; Second, the great disrespect, including the wrong words, the abolition of imperial edict, etc.; third, the Arab Party and the crime of transportation; The fourth is other types of crimes, such as concealment, which occurs most frequently in the Eastern Han Dynasty when the party is imprisoned, in addition to the crime of breaking out of the border, the crime of hijacking books, the crime of creating intent, killing and being implicated or falsely accused of crime, and so on. Especially at the end of the dynasty, when political corruption and rulers were no longer convicted according to the law, scholars who offered good deeds were more likely to be charged with various charges. The crime of scholars is mainly concentrated in the political and cultural fields, because they have certain cultural knowledge, the ideal of most scholars is to advise the rulers to realize the value of life in political life. The disaster of Keng Confucianism in Qin Dynasty and Party imprisonment in Eastern Han Dynasty can be said to be the two collective deaths of scholars. The scholars' remarks angered the subjective will of the rulers, which was one of the common causes of the two events. The killing of scholars by the dynasty directly led to the decline of the regime. The disaster of party imprisonment is on a larger scale and involves more scholars. There are three reasons why scholars committed crimes in Qin and Han dynasties. First, the establishment of feudal autocracy centralization made the political environment show a completely different style from that of the pre-Qin period, and there was an inevitable conflict between the supremacy of imperial power and the natural sense of mission of scholars. Second, the system of electing officials in the Han Dynasty made many scholars do not have the opportunity to enter the official position, and the scholars who became officials through abnormal ways would inevitably break the law or anger the emperor. Third, the Qin Dynasty, the Western Han Dynasty, the Eastern Han Dynasty itself, the style of scholars is different, so that the criminal characteristics of the three dynasties are different. The Qin and Han governments mainly prevented the crime of scholars from two aspects. One is to preach the supremacy of imperial power and inculcate the concept of loyalty to the subjects; the second is to set up schools to educate scholars with Confucianism, to attract scholars with high government officials, and to deter scholars with punishment. Some scholars themselves will take measures, such as seclusion or non-official means to sever political ties, thereby avoiding unnecessary charges. The crime of scholars and the punishment measures of the government have the greatest influence on the scholars themselves. Some of the scholars who were hit lost the courage to fight the corrupt forces and fought the situation by living in seclusion, and the court lost a large number of loyal scholars.
【学位授予单位】：首都师范大学
【学位级别】：博士
【学位授予年份】：2006
【分类号】：K232

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