秦汉豪强地主犯罪问题研究
发布时间：2019-06-04 03:33
【摘要】： 秦汉时期,豪强地主犯罪是严重社会问题。笔者拟从社会史的角度,在前辈学者研究的基础上,引入犯罪社会学的相关方法,联系春秋战国社会变革后的历史背景,较为全面、系统地研究秦汉豪强地主犯罪问题。 秦汉社会承春秋战国之际社会大变革之后,社会阶级关系、上层建筑等方面都发生了深刻变化。在这种历史背景下,豪强地主阶层从地主阶级内部成长起来,其犯罪活动成为严重的社会问题。依据侵害客体的不同,秦汉时期豪强地主的犯罪活动大致可以归纳为以下三类:破坏经济秩序的犯罪、扰乱社会治安的犯罪和危害国家统治的犯罪。我们于每一种类下,将同类或性质接近的罪例归为一宗,择以罪名。破坏经济秩序的犯罪:兼并土地,田宅逾制、私匿人户、隐匿财产,逃避租税、豪杰役使;扰乱社会治安的犯罪:扰乱地方吏治、放纵族众宾客为奸、复仇;危害国家统治的犯罪:谋反、首匿、篡囚、组织私兵等。在此基础上,考察、分析豪强地主各项犯罪活动的组织形式、犯罪手段和具体内容等。 对于豪强地主犯罪问题的防治,汉初政府采取宽松、放任的政治和经济政策,到汉武帝时代,豪强地主犯罪成为严重的社会问题。汉武帝一改往昔的无为政策,从政治和经济两方面,对豪强地主的违法活动进行打击和抑制。汉武帝的打击和抑制,虽然暂时压制住了豪强地主犯罪发展的势头,但不能根本解决问题。西汉中后期,封建政府又采取了儒学教化和选举入仕的措施。在政府软硬两手政策下,一些豪强地主也不得不改弦更张,转向对经学的追求,并经过通经入仕的途径踏上仕途,转变成为官僚士大夫阶层。东汉政权是在豪强大族的支持下建立的,他们成了其统治基础。东汉政府在经济上,放任豪强地主大土地所有制和人身依附关系的发展,综合经营的田庄经济发展起来;在文化上,尊崇儒学,豪强地主儒学化不断加深,形成累世经学;在政治上,保障豪强地主做官的权利,豪强地主操纵了选举。在这种情况下,豪强地主经济势力日益巩固,又得为经学世家,并控制了仕途,而使自己政治地位上升,遂成为世家豪族。 豪强地主的犯罪活动对秦汉时期的经济、政治和社会阶级关系诸方面,都产生了影响。在经济方面,侵蚀自耕农经济,干犯国家的经济政策,影响商品经济的发展。在政治方面,干预地方政权施政,破坏封建政治和法律制度,扰乱地方治安,甚至威胁中央集权统治。在社会阶级关系方面,导致自耕农破产,使部分农民对豪强地主的依附关系加强。通过研究,笔者认为秦汉时期,豪强地主的犯罪活动总体上具有以下几个特点:一、出现了一些新的犯罪种类;二、对社会的危害性比较严重;三、犯罪活动受国家政策影响;四、一些犯罪活动逐渐合法化。
[Abstract]:During the Qin and Han dynasties, the crime of powerful landlords was a serious social problem. From the perspective of social history, on the basis of the study of the previous scholars, the author introduces the relevant methods of sociology of crime, connecting with the historical background after the social change in the Spring and Autumn period and the warring States period, and systematically studies the crime of the landlord in Qin and Han dynasties. After the great social changes in the Spring and Autumn period and the warring States period, profound changes have taken place in the social class relationship and superstructure in Qin and Han dynasties. Under this historical background, the powerful landlord class grew up from within the landlord class, and its criminal activity became a serious social problem. According to the difference of infringing object, the criminal activities of powerful landlords in Qin and Han dynasties can be divided into the following three categories: crimes that destroy economic order, crimes that disturb public security and crimes that endanger the rule of the state. In each category, we classify crimes of the same kind or similar nature as one and choose the crime. Crimes that undermine the economic order: annexation of land, overflight of fields and houses, concealment of people and households, concealment of property, evasion of tax, heroic service, crime of disturbing public order: disturbing the administration of local officials, allowing all the guests of the ethnic group to be raped and avenged; Crimes against the rule of the state: rebellion, concealment, usurpation of prisoners, organization of private soldiers, etc. On this basis, the organization form, criminal means and specific contents of various criminal activities of powerful landlords are investigated and analyzed. In the early Han Dynasty, the government adopted loose and laissez-faire political and economic policies to prevent and control the crime of powerful landlords. By the time of Emperor Wu of Han Dynasty, the crime of powerful landlords had become a serious social problem. As soon as Emperor Wu of Han Dynasty changed his past policy of inaction, he cracked down and suppressed the illegal activities of powerful landlords from both political and economic aspects. Although the attack and suppression of Emperor Wu of the Han Dynasty temporarily suppressed the momentum of the development of the crime of powerful landlords, it could not fundamentally solve the problem. In the middle and late Western Han Dynasty, the feudal government adopted the measures of Confucian education and election to official affairs. Under the policy of soft and hard hands of the government, some powerful landlords have to change course, turn to the pursuit of Confucian classics, and enter the official career through the way of entering the official position, and turn into the class of bureaucracy and literati. The Eastern Han regime was established with the support of the powerful clan, who became the basis of its rule. In the economy of the Eastern Han Dynasty, the government of the Eastern Han Dynasty allowed the development of the relationship between land ownership and personal dependence of the rich and strong landlords, and the comprehensive management of the Grange economy developed. Politically, the right of powerful landlords to be officials is guaranteed, and powerful landlords manipulate the election. In this case, the economic power of powerful landlords is becoming more and more consolidated, and they have to study for the family, and control the career, and make their political status rise, so they become a family. The criminal activities of powerful landlords had an impact on the economic, political and social class relations in Qin and Han dynasties. In the aspect of economy, it erodes the economy of farmers, violates the economic policy of the country, and affects the development of commodity economy. On the political side, it interferes with the administration of local power, destroys the feudal political and legal system, disrupts the local public order, and even threatens the centralized rule. In the aspect of social class relationship, it leads to the bankruptcy of farmers and strengthens the dependence of some farmers on powerful landowners. Through the study, the author believes that in the Qin and Han dynasties, the criminal activities of powerful landlords generally have the following characteristics: first, there are some new types of crime; second, the harm to the society is more serious; third, the criminal activities are affected by the national policy; Fourth, some criminal activities are gradually legalized.
【学位授予单位】：首都师范大学
【学位级别】：博士
【学位授予年份】：2009
【分类号】：K232
本文编号：2492443
[Abstract]:During the Qin and Han dynasties, the crime of powerful landlords was a serious social problem. From the perspective of social history, on the basis of the study of the previous scholars, the author introduces the relevant methods of sociology of crime, connecting with the historical background after the social change in the Spring and Autumn period and the warring States period, and systematically studies the crime of the landlord in Qin and Han dynasties. After the great social changes in the Spring and Autumn period and the warring States period, profound changes have taken place in the social class relationship and superstructure in Qin and Han dynasties. Under this historical background, the powerful landlord class grew up from within the landlord class, and its criminal activity became a serious social problem. According to the difference of infringing object, the criminal activities of powerful landlords in Qin and Han dynasties can be divided into the following three categories: crimes that destroy economic order, crimes that disturb public security and crimes that endanger the rule of the state. In each category, we classify crimes of the same kind or similar nature as one and choose the crime. Crimes that undermine the economic order: annexation of land, overflight of fields and houses, concealment of people and households, concealment of property, evasion of tax, heroic service, crime of disturbing public order: disturbing the administration of local officials, allowing all the guests of the ethnic group to be raped and avenged; Crimes against the rule of the state: rebellion, concealment, usurpation of prisoners, organization of private soldiers, etc. On this basis, the organization form, criminal means and specific contents of various criminal activities of powerful landlords are investigated and analyzed. In the early Han Dynasty, the government adopted loose and laissez-faire political and economic policies to prevent and control the crime of powerful landlords. By the time of Emperor Wu of Han Dynasty, the crime of powerful landlords had become a serious social problem. As soon as Emperor Wu of Han Dynasty changed his past policy of inaction, he cracked down and suppressed the illegal activities of powerful landlords from both political and economic aspects. Although the attack and suppression of Emperor Wu of the Han Dynasty temporarily suppressed the momentum of the development of the crime of powerful landlords, it could not fundamentally solve the problem. In the middle and late Western Han Dynasty, the feudal government adopted the measures of Confucian education and election to official affairs. Under the policy of soft and hard hands of the government, some powerful landlords have to change course, turn to the pursuit of Confucian classics, and enter the official career through the way of entering the official position, and turn into the class of bureaucracy and literati. The Eastern Han regime was established with the support of the powerful clan, who became the basis of its rule. In the economy of the Eastern Han Dynasty, the government of the Eastern Han Dynasty allowed the development of the relationship between land ownership and personal dependence of the rich and strong landlords, and the comprehensive management of the Grange economy developed. Politically, the right of powerful landlords to be officials is guaranteed, and powerful landlords manipulate the election. In this case, the economic power of powerful landlords is becoming more and more consolidated, and they have to study for the family, and control the career, and make their political status rise, so they become a family. The criminal activities of powerful landlords had an impact on the economic, political and social class relations in Qin and Han dynasties. In the aspect of economy, it erodes the economy of farmers, violates the economic policy of the country, and affects the development of commodity economy. On the political side, it interferes with the administration of local power, destroys the feudal political and legal system, disrupts the local public order, and even threatens the centralized rule. In the aspect of social class relationship, it leads to the bankruptcy of farmers and strengthens the dependence of some farmers on powerful landowners. Through the study, the author believes that in the Qin and Han dynasties, the criminal activities of powerful landlords generally have the following characteristics: first, there are some new types of crime; second, the harm to the society is more serious; third, the criminal activities are affected by the national policy; Fourth, some criminal activities are gradually legalized.
【学位授予单位】：首都师范大学
【学位级别】：博士
【学位授予年份】：2009
【分类号】：K232
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