秦汉“普施明法”探析
发布时间：2018-08-24 18:42
【摘要】：彰明法令是先秦典籍中“明法”一词常见的义项,用以表达普及法律的要求或主张。先秦法家认为,法令公开的理由有五:一是由法自身的属性决定的;二是追随圣王明君的治国之道;三是实现国家富强的重要举措;四是可以有效的维护统治秩序,让各阶层的人安守本分;五是能促进执法公正。具体的推进措施包括通过行政层级逐级颁布、设立专门的法官法吏负责宣讲、“以法为教”、“以吏为师”等。法家论著以外的《周礼》一书也保留了很多战国甚至更早的“公布法律、使民知法的思想”,主要体现在那一整套颁法、悬法、读法的繁密程序以及在行刑过程中出于警示目的的刑罚公开。思想精英呐喊的“明法”,到秦汉时期成功转变为由政府主导的“普施明法”。首先,国家制定的律令在大一统的中央集权制度下通过严密完善的行政层级建制由庙堂逐步颁行至乡野,面对底层民众时,还要进行宣讲和“扁”示。其次,将研习律令和做官挂钩。一方面,明习律令者可以出任一定的官职;另一方面,把是否熟知律令列入官吏考核的内容。再次,由上一条直接导致了社会上积极、普遍的经历了秦代短暂的官方垄断再到两汉官学、私学并存的律令传习现象。还有一种影响更大的方式,就是将简单的法律常识编入童蒙识字的教本中。最后,在行刑时,通过宣读或公示犯人罪状也能起到对围观民众进行法律教育的作用。秦汉时期全力推进“普施明法”,其效果囿于史料的稀缺,只能稍作蠡测。“如律令”和“论如律(法)”等俗成甚至程式化的用语,反映出当时律令行政观念的流行和对依法论罪原则的坚守,应该说在树立法律的权威和提高法治意识层面成效可观,人们普遍自觉遵从“一断于法”。至于对具体律令条文的掌握情况,则因人物身份而异。作为最高统治者的皇帝,其相对熟悉的律条无疑是自己授意臣下代拟的诏令。替天子牧民的官员尤其是文吏,法律素养很高,有甚者能随口援引律令原文。相对而言,武将则逊色很多,有的基本“不通法律”。而身处底层的百姓,他们关心的是能维护切身利益、与自己特殊身份和民事行为相关的法律法规。
[Abstract]:Changming decree is a common meaning of the term "Ming Law" in the pre-Qin books, which is used to express the requirements or opinions of popularizing the law. The pre-Qin legalists believed that there were five reasons for the law to be made public: first, it was determined by the nature of the law itself; second, it followed the principle of governing the country by the Saint Wang Mingjun; third, it was an important measure to realize the prosperity and strength of the country; and fourth, it could effectively maintain the ruling order. Let people from all walks of life abide by their duties. Fifth, they can promote justice in law enforcement. The specific promotion measures include the promulgation of administrative levels, the establishment of special officials responsible for propaganda, "law as teaching", "officials as teachers" and so on. The book "Zhou Li", other than the Legalists' works, also retains many of the warring States countries or even earlier "the idea of promulgating laws so that the people know the law." this is mainly reflected in the whole set of laws issued and suspended laws. The complicated procedure of reading method and the public punishment for warning purpose in the execution process. The thought elite shouted "Ming law", which was successfully transformed into "universal law" by the government during the Qin and Han dynasties. First of all, the laws and decrees formulated by the state were gradually promulgated by the temple and hall to the countryside under the unified centralized system of administrative hierarchy. In the face of the people at the bottom, they had to preach and show "Chen." Second, the study of laws and regulations and officials linked. On the one hand, they can hold certain official posts; on the other hand, whether they know the law or not is included in the examination of government officials. Thirdly, from the previous article directly led to the positive social, generally experienced the Qin Dynasty short period of official monopoly to the Han Dynasty, the coexistence of private learning law order spread phenomenon. An even more influential way is to incorporate simple legal knowledge into the book of literate children. Finally, in the execution, by reading or publicizing the prisoner's guilt can also play the role of legal education to the crowd. During the Qin and Han dynasties, the "universal Ming method" was pushed forward, and its effect was limited to the scarcity of historical data, so it could only be measured slightly. The vulgar and even stylized expressions such as "such as laws and decrees" and "theories such as laws (laws)" reflect the popularity of the administrative concepts of laws and decrees at that time and the adherence to the principle of crime according to law, which should be said to have achieved considerable results in establishing the authority of the law and raising the awareness of the rule of law. People generally abide by the law. As for the specific provisions of laws and regulations, depending on the identity of the person. As the emperor of the supreme ruler, his relatively familiar rule is undoubtedly the imperial edict of the next generation. The officials of the herdsmen, especially the clerical officials, have high legal literacy and can easily quote the original text of the law. Comparatively speaking, the martial general is inferior many, some basic "does not have the law". People at the bottom are concerned with laws and regulations related to their own special status and civil conduct.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：K232
[Abstract]:Changming decree is a common meaning of the term "Ming Law" in the pre-Qin books, which is used to express the requirements or opinions of popularizing the law. The pre-Qin legalists believed that there were five reasons for the law to be made public: first, it was determined by the nature of the law itself; second, it followed the principle of governing the country by the Saint Wang Mingjun; third, it was an important measure to realize the prosperity and strength of the country; and fourth, it could effectively maintain the ruling order. Let people from all walks of life abide by their duties. Fifth, they can promote justice in law enforcement. The specific promotion measures include the promulgation of administrative levels, the establishment of special officials responsible for propaganda, "law as teaching", "officials as teachers" and so on. The book "Zhou Li", other than the Legalists' works, also retains many of the warring States countries or even earlier "the idea of promulgating laws so that the people know the law." this is mainly reflected in the whole set of laws issued and suspended laws. The complicated procedure of reading method and the public punishment for warning purpose in the execution process. The thought elite shouted "Ming law", which was successfully transformed into "universal law" by the government during the Qin and Han dynasties. First of all, the laws and decrees formulated by the state were gradually promulgated by the temple and hall to the countryside under the unified centralized system of administrative hierarchy. In the face of the people at the bottom, they had to preach and show "Chen." Second, the study of laws and regulations and officials linked. On the one hand, they can hold certain official posts; on the other hand, whether they know the law or not is included in the examination of government officials. Thirdly, from the previous article directly led to the positive social, generally experienced the Qin Dynasty short period of official monopoly to the Han Dynasty, the coexistence of private learning law order spread phenomenon. An even more influential way is to incorporate simple legal knowledge into the book of literate children. Finally, in the execution, by reading or publicizing the prisoner's guilt can also play the role of legal education to the crowd. During the Qin and Han dynasties, the "universal Ming method" was pushed forward, and its effect was limited to the scarcity of historical data, so it could only be measured slightly. The vulgar and even stylized expressions such as "such as laws and decrees" and "theories such as laws (laws)" reflect the popularity of the administrative concepts of laws and decrees at that time and the adherence to the principle of crime according to law, which should be said to have achieved considerable results in establishing the authority of the law and raising the awareness of the rule of law. People generally abide by the law. As for the specific provisions of laws and regulations, depending on the identity of the person. As the emperor of the supreme ruler, his relatively familiar rule is undoubtedly the imperial edict of the next generation. The officials of the herdsmen, especially the clerical officials, have high legal literacy and can easily quote the original text of the law. Comparatively speaking, the martial general is inferior many, some basic "does not have the law". People at the bottom are concerned with laws and regulations related to their own special status and civil conduct.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：K232
【参考文献】
相关期刊论文 前10条
1 欧扬;;读鞫与乞鞫新探[J];湖南大学学报(社会科学版);2016年04期
2 魏永康;;张家山汉简“蛮夷律”辨正[J];史学集刊;2015年06期
3 徐燕斌;;两汉金石纪法考述[J];昆明学院学报;2015年05期
4 侯旭gq;;西o"御史大夫寺位置的媻恮:兼娭御史大夫的，
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