秦简牍“从人”考论

A Survey and Discussion of Cong-ren in Qin Bamboo Slips

传世典籍所载"从人"与秦简牍中的"从人"属同名异指,前者为主张合纵抗秦的六国贵族,后者则是秦国境内反叛者之家吏、舍人在法律层面的专称。依据罪行轻重,"从人"可判处死刑、城旦、鬼薪三种刑罚,且其妻子、同产、舍人等皆没入官府而成为"收人"。为治理和防范"从人",秦廷制定了严密的规程,由执法主掌其事,而郡都吏以及县乡官吏须全力协助。

Cong-ren(从人)in books handed down from ancient times is different from Cong-ren in Qin bamboo slips.The former referred to aristocrats in the six kingdoms who advocated joining forces to struggle against Qin,while the latter was the legal term for household staff and henchmen(She-ren,舍人)of rebels in the Qin kingdom.Based on the severity of the crime,Cong-ren(从人)could be sentenced to death penalty,Cheng-dan(城旦),Gui-xin(鬼薪),and their wives,children,siblings and henchmen were all arrested and became Shou-ren(收人).In order to control and guard against Cong-ren(从人),the royal court of Qin formulated strict rules and stipulations,in which Zhi-fa(执法)was in charge,while the county officials and the prefecture and town officials should give full assistance.