秦汉刑徒兵制与谪戍制考辨

发布时间：2018-03-29 07:41

本文选题：秦汉兵制　切入点：刑徒兵制　出处：《古代文明》2017年04期

【摘要】：秦汉时期与以罪人为兵相关的制度有两种,一是谪戍制,二是刑徒兵制。两者的主要区别有三:其一,被谪戍者和刑徒兵的称谓在文献中有严格区分,前者常被写作"谪徒"、"适卒"、"谪卒"等;后者常被称作"弛刑士"、"施刑士",有时简称为"弛刑"、"施刑"。其二,谪戍是司法判决的结果,属于一种刑罚,而发刑徒为兵则是皇帝诏令的结果,是对已判决罪犯服刑方式的一种变更。其三,二者实施的对象不同,谪戍的对象包括亡人、罪吏、盗贼等有罪者以及赘婿、商人、闾左等"贱民",还包括称作"诸疑罪"的犯罪嫌疑人;而刑徒兵则由弛刑徒组成,包括判为城旦、鬼薪、隶臣、司寇等刑徒,判处枭首、腰斩、弃市等的减死罪囚。滥发谪戍体现暴政,发刑徒为兵则更多体现出一种宽宥。
[Abstract]:During the Qin and Han dynasties, there were two systems related to sinners, one was banishment, the other was the system of criminal soldiers. There were three main differences between the two: first, the appellations of the relegated and the criminal soldiers were strictly distinguished in the literature. The former are often written as "banished prisoners", "suitable pawns", "relegated pawns", etc. The latter are often referred to as "punishment" and "punishment", sometimes referred to as "relaxation punishment" and "execution of punishment." second, banishment is the result of a judicial decision and belongs to a kind of punishment. On the other hand, the firing of prisoners as soldiers is the result of the emperor's edict and a change in the way the convicted criminals are serving their sentences. Third, the objects to be executed by the two are different. The targets of banishment and garrison include dead persons, criminal officials, thieves and other guilty persons, as well as redundant son-in-law and businessmen. The "untouchables", such as the "untouchables", also include the criminal suspects who are called "suspected crimes"; while the criminal soldiers are composed of criminals, including those sentenced to urban denier, ghost pay, scribe, Sikow, and so on, who are sentenced to the head of the kingpin and chopped in half. Abandon the city and reduce the death penalty prisoners. Banished garrison reflects tyranny, punishment for the soldier more embodies a kind of forgiveness.
【作者单位】：东北师范大学历史文化学院;
【分类号】：K232

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