汉代拘捕制度考

On The Arrest System Of Han Dynasty

汉代拘捕组织机构有亭长、游徼、县尉和都尉,在拘捕管辖方面以属地主义为原则、以属人主义为例外,确切的犯罪事实是拘捕的前提条件。汉律禁止夜间实施拘捕,在实施拘捕时要五人为伍,以不伤害被拘捕人为原则,同时要确保自身和同伴不受伤害。汉代悬赏缉捕盗贼和通缉令的使用较为广泛。汉律对拘捕盗贼的奖励有晋爵和物资奖励两种,对拘捕失职行为的惩罚有罚金、夺爵、戍边和死刑等。

The arrest organizations in Han Dynasty were Tingzhang,Youji,Xianwei and Duwei.In jurisdiction,there were the territorial jurisdiction in principle and personal jurisdiction in exception.The premise to arrest a defendant or suspicion was the authentic criminal facts.The law of Han Dynasty also stipulated no arresting in the night time,and that there should be five persons together during arresting the defendant or suspicion,meanwhile the persons who had arresting duty should do their best not to injury the arrested persons and keep the comrades in perfect.The means that offered a reward for the capture of a runaway criminal and issued wanted orders was used commonly in Han Dynasty.The rewards that gave the persons who had arrested the defendant or suspicion were to arise Jue and give money,the punishments that gave the persons who had duty to arrest the defendants or suspicions were fine,diminishing the Jue grade banish and death.