秦律的责任年龄辨析

A Discussion of the Responsible Age in The Law of Qin Dynasty

在秦律中，责任年龄是定罪量刑的重要依据之一。然而，迄今为止，学者们对其具体标准及确切内涵等问题，尚未取得共识。云梦秦简的律文与传世典籍表明：秦律的责任年龄是身高六尺，相当于十五周岁；这个标准是完全责任年龄而不是限制责任年龄的尺度，并且适用于刑事及民事等不同性质的案件；它与《周礼》的有关记载大相逼庭，而跟汉律的相关规定则比较接近。

The responsible age was an important basis for convictting crime and taking punishment.But the scholars have not reached agreement until now on the exact meaning of the responsible age in the law of Qin dynasty. According to some documents, the responsible age was 6 Chi of height, that was about 15 years old, but it was the totally responsible age and not the restrictively responsible age, and at this age, people were responsible in all kinds of law suits and were totally responsible for civil and criminal punishment.