秦漢“普施明法”探析
發(fā)布時間：2018-08-24 18:42
【摘要】：彰明法令是先秦典籍中“明法”一詞常見的義項,用以表達普及法律的要求或主張。先秦法家認為,法令公開的理由有五:一是由法自身的屬性決定的;二是追隨圣王明君的治國之道;三是實現(xiàn)國家富強的重要舉措;四是可以有效的維護統(tǒng)治秩序,讓各階層的人安守本分;五是能促進執(zhí)法公正。具體的推進措施包括通過行政層級逐級頒布、設(shè)立專門的法官法吏負責宣講、“以法為教”、“以吏為師”等。法家論著以外的《周禮》一書也保留了很多戰(zhàn)國甚至更早的“公布法律、使民知法的思想”,主要體現(xiàn)在那一整套頒法、懸法、讀法的繁密程序以及在行刑過程中出于警示目的的刑罰公開。思想精英吶喊的“明法”,到秦漢時期成功轉(zhuǎn)變?yōu)橛烧鲗У摹捌帐┟鞣ā�。首�?國家制定的律令在大一統(tǒng)的中央集權(quán)制度下通過嚴密完善的行政層級建制由廟堂逐步頒行至鄉(xiāng)野,面對底層民眾時,還要進行宣講和“扁”示。其次,將研習律令和做官掛鉤。一方面,明習律令者可以出任一定的官職;另一方面,把是否熟知律令列入官吏考核的內(nèi)容。再次,由上一條直接導致了社會上積極、普遍的經(jīng)歷了秦代短暫的官方壟斷再到兩漢官學、私學并存的律令傳習現(xiàn)象。還有一種影響更大的方式,就是將簡單的法律常識編入童蒙識字的教本中。最后,在行刑時,通過宣讀或公示犯人罪狀也能起到對圍觀民眾進行法律教育的作用。秦漢時期全力推進“普施明法”,其效果囿于史料的稀缺,只能稍作蠡測�！叭缏闪睢焙汀罢撊缏�(法)”等俗成甚至程式化的用語,反映出當時律令行政觀念的流行和對依法論罪原則的堅守,應(yīng)該說在樹立法律的權(quán)威和提高法治意識層面成效可觀,人們普遍自覺遵從“一斷于法”。至于對具體律令條文的掌握情況,則因人物身份而異。作為最高統(tǒng)治者的皇帝,其相對熟悉的律條無疑是自己授意臣下代擬的詔令。替天子牧民的官員尤其是文吏,法律素養(yǎng)很高,有甚者能隨口援引律令原文。相對而言,武將則遜色很多,有的基本“不通法律”。而身處底層的百姓,他們關(guān)心的是能維護切身利益、與自己特殊身份和民事行為相關(guān)的法律法規(guī)。
[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.
【學位授予單位】：東北師范大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：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.
【學位授予單位】：東北師范大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：K232
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