睡虎地秦簡(jiǎn)中的“公”與“王”——以“宗祠”類財(cái)產(chǎn)所有權(quán)的相關(guān)討論為核心
發(fā)布時(shí)間:2018-12-20 05:42
【摘要】:經(jīng)歷了東周劇變,周天子"王"的所有權(quán)標(biāo)識(shí)逐漸被新的名目取代。不過,在睡虎地秦簡(jiǎn)中仍有一組財(cái)產(chǎn)被同時(shí)冠以"公"與"王"的專有性質(zhì)即"公祠""王室祠"等特殊財(cái)產(chǎn),而與之相關(guān)的祭祀類律法的存在則表明了秦律對(duì)于先秦祭祀傳統(tǒng)、法家"立公滅私"思想的繼承,又體現(xiàn)出在秦朝改元稱王的重要時(shí)期,統(tǒng)治者借助早期祭祀律法來(lái)宣明其統(tǒng)治權(quán)威的政治目的。在其后的漢初律簡(jiǎn)中又較難尋見此類記載,這無(wú)疑是秦漢律簡(jiǎn)中較明顯的區(qū)分。
[Abstract]:After the upheaval of the Eastern Zhou Dynasty, the title of the king was gradually replaced by a new name. However, there is still a group of property in the Sleep-Tiger Land Qin bamboo slips which are labeled "public" and "king" at the same time, that is, "public shrine" and "royal temple" and other special properties, such as "ancestral hall", "royal temple" and so on. The existence of the relative law of sacrificial sacrifice showed that the Qin law inherited the tradition of sacrifice in the pre-Qin Dynasty, and reflected the important period when the Qin Dynasty changed the Yuan Dynasty and became king. The rulers declared the political purpose of their ruling authority with the aid of the early sacrificial law. It is difficult to find such records in the later early Han Dynasty, which is undoubtedly a distinct distinction between Qin and Han Dynasty.
【作者單位】: 復(fù)旦大學(xué)法學(xué)院;
【分類號(hào)】:D929
[Abstract]:After the upheaval of the Eastern Zhou Dynasty, the title of the king was gradually replaced by a new name. However, there is still a group of property in the Sleep-Tiger Land Qin bamboo slips which are labeled "public" and "king" at the same time, that is, "public shrine" and "royal temple" and other special properties, such as "ancestral hall", "royal temple" and so on. The existence of the relative law of sacrificial sacrifice showed that the Qin law inherited the tradition of sacrifice in the pre-Qin Dynasty, and reflected the important period when the Qin Dynasty changed the Yuan Dynasty and became king. The rulers declared the political purpose of their ruling authority with the aid of the early sacrificial law. It is difficult to find such records in the later early Han Dynasty, which is undoubtedly a distinct distinction between Qin and Han Dynasty.
【作者單位】: 復(fù)旦大學(xué)法學(xué)院;
【分類號(hào)】:D929
【參考文獻(xiàn)】
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