秦汉时期的“计赃论罪”

Determining the Punishment Based on the Value of the Bribe and Stolen Goods in Qin-Han Period

秦汉时期,"计赃论罪"量刑体系轮廓初现。其范围包括以基本盗罪为量刑核心的犯罪(个别犯罪对象具有特殊性质的犯罪除外)和部分有关财产的职务犯罪。内容上,前者以基本盗罪为量刑中心,其他犯罪适用与"盗"相同的量刑规定,这与后世财产类犯罪以"六赃"为基准,其他罪名相比附的量刑体系呈现出相同的规律;部分职务犯罪多样的量刑标准则暗合后世"计赃论罪"多中心的发展方向。

During the Qin-Han Period,the penalty system of determining the punishment of bribe and stolen goods was originally formed.The system covers two categories of crimes:the crimes that are punished based on the penalty of stealing(some crimes with special characteristics will be treated case by case)and some property-related duty crimes.The former category regards the basic crime of stealing as the sentencing center,and other crimes apply the same sentencing provisions as stealing.This is similar to the penalty system for property crimes appeared in the later dynasty,which regards the penalty for Six Booty Crimes as the sentencing center and other property crimes apply the same sentencing provisions.For the second category,its diversified sentencing standards for some duty crimes coincide with the development direction of the multi-center of the penalty system of determining the punishment of bribe and stolen goods.