本文選題：秦漢兵制　切入點(diǎn)：刑徒兵制　出處：《古代文明》2017年04期

【摘要】：秦漢時(shí)期與以罪人為兵相關(guān)的制度有兩種,一是謫戍制,二是刑徒兵制。兩者的主要區(qū)別有三:其一,被謫戍者和刑徒兵的稱謂在文獻(xiàn)中有嚴(yán)格區(qū)分,前者常被寫作"謫徒"、"適卒"、"謫卒"等;后者常被稱作"弛刑士"、"施刑士",有時(shí)簡(jiǎn)稱為"弛刑"、"施刑"。其二,謫戍是司法判決的結(jié)果,屬于一種刑罰,而發(fā)刑徒為兵則是皇帝詔令的結(jié)果,是對(duì)已判決罪犯服刑方式的一種變更。其三,二者實(shí)施的對(duì)象不同,謫戍的對(duì)象包括亡人、罪吏、盜賊等有罪者以及贅婿、商人、閭左等"賤民",還包括稱作"諸疑罪"的犯罪嫌疑人;而刑徒兵則由弛刑徒組成,包括判為城旦、鬼薪、隸臣、司寇等刑徒,判處梟首、腰斬、棄市等的減死罪囚。濫發(fā)謫戍體現(xiàn)暴政,發(fā)刑徒為兵則更多體現(xiàn)出一種寬宥。
[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.
【作者單位】： 東北師范大學(xué)歷史文化學(xué)院;
【分類號(hào)】：K232

【相似文獻(xiàn)】

相關(guān)期刊論文 前3條

1 盧星;漢代刑徒兵考略[J];史學(xué)月刊;1992年05期

2 陳曉鳴 ,饒國賓;漢代刑徒兵論略[J];撫州師專學(xué)報(bào);1992年01期

3 李玉福;論秦漢時(shí)代的謫發(fā)兵制和刑徒兵制[J];政法論叢;2002年06期

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本文編號(hào)：1680169