云梦秦律简论

ON DOCUMENTS DEALING WITH QIN CODES INSCRIBED ON BAMBOO SLIPS UNEARTHED AT YUNMENG COUNTY

前言云梦睡虎地十一号秦墓出土秦简一千一百多枚,内有秦法律令六百多枚。云梦秦简整理小组把这批秦法律令分为五种:《秦律十八种》、《效律》、《秦律杂抄》、《法律答问》和《封诊式》。我们认为,五种律令其实是三类。整理小组刊布的一、二、三种皆有律名,实为一类,可定名为《秦律二十九种》,或简称《秦律》;第四种是解释刑律的,按《唐律》有答问例,可改为《秦刑律问答》,为便于读者查核,本文仍以《法律答问》称之;第五种简书,自题曰"封诊式",可不改。三类法律令的成书时代早晚不同,《法律答问》中的律文多半是秦孝公时商鞅所立,其它大部分是秦昭王至始皇初年所修订。始皇统一六国后和二世时所更订的法律不包括在内。

Among the 1,100 inscribed bamboo slips uncovered from the Qin Tomb No. 11 at Shuihudi in Yunmeng County, Hubei Province, more than 600 are documents dealing with the codes of the Qin State. Though not complete and some clauses and sentences missing, they are the earliest, richest, bestprerserved and most systematic written statute book so far found in China. Such a discovery has become an important event in the history of legal systems not only in China but also in the world.In the Qin State a fairly complete legal system was already established. It included criminal law, procedural law, civil law, military law and administrative and economic codes. Its existence indicated the Qin ruling class had legalized its will as well as all its political, economic and military systems since the political reform carried out by Shang Yang, the prime minister.The bulk of the Qin codes is the criminal law. It is consisted of rules of litigation procedure, clear-cut requirements for the judge and a whole set of rules for interrogation, sealing up a criminal's possessions, verification and sentence. Those who frame up, make false accusations and judges who pervert the law are due to punishment according to specific regulations. All these codes, however, aim at strengthening and consolidating the regime of the ruling class and have their spearhead at the slaves and commoners.Penalties in the Qin State have a great number of varieties, including death sentence, corporal punishment, imprisonment, penal servitude and atonement, etc. Among the penalties seen on the bamboo slips, some are conventional ones that follow the past but many are invented and added during the Qin State period. All the punishment ways are brutal and ruthless. Local officials and those with hereditary titles are also subject to the criminal law, but they often get off lightly by being imposed on a fine or sent into exile as punishment.According to the bamboo slips dealing with the Qin codes, there is a huge number of prisoners and slaves (both official and private) among the population. For prisoners, each of them has a term to serve; but for official and private slaves, they have to serve like they are all their lifetime. Li Chen Qie, a name to call the numerous official slaves in the Qin State period, later became one of the prisoner titles in the Han Dynasty. Official slaves in the Qin State engaged in the government-run agriculture and handicrafts, or became laborers in military projects or servants in the royal court, official residences and prisons. They formed an important class in the Qin society.It is found out from the bamboo slips though Shang Yang's agriculture and war policy might help some of the slaves transform into commoners, yet his heavy punishment policy might also turn some of the commoners and junior officials into slaves. While it is extremely difficult for a slave to become a commoner, the terms for commoners to become slaves are very easy. Whether the liberated slaves are more in number than those who have been reduced to slaves, this is still a problem requiring further approach. Some people alleged that Shang Yang's political reform had abolished slave system to establish feudal system. I think, at least on the problem of the official slaves (Li Chen Qie), that is a false statement which is not in accord with actual conditions in history.