试论南朝奴客的身份问题——以刘宋符伍问题的讨论为中心

On the Identity of Servant Slave in the Southern Dynasty

南朝宋文帝元嘉年间关于“符伍”问题的辨论 ,反映当时士庶之间在法律规定的量刑标准上并无明确区别 ;士族地位在一定程度上取决于其占有土地及奴客的多少 ;奴客作为士族地主土地上的主要劳动者 ,其劳动大多是分散的 ;奴客在法律上不负刑事责任这是人们对奴客的传统看法 ,晋宋之际 ,奴客在法律上已逐渐由权利客体成为有部分权力的法律主体 ,反映了“奴”向“客”身份的靠拢及地位的变化。

The debate about 'ranks' in Yuanjia Period under the regime of Emperor Wen in Southern Song Dynasty showed that there were no clear standards for legal penalty among the gentry and the multitude. To some extend, the status of a member of the gentry depended on the land and the number of servant slaves. The servant slaves were the chief labor power for the gentry landlords. Most of their labor was individual. Traditionally, people thought that the servant slaves were not responsible for legal penalties. But in the period of Jin and Song Dynasties the legal status of the servant slaves were gradually changed from legal objects to legal subjects with partial legal rights, which showed that they were changing from slaves to servants.