匈奴司法制度与刑法考述

A Textual Research into the Xiongnu′s Judicial System and Criminal Code

匈奴法律虽不如中原王朝之详密,但远不至于疏阔得仅需几句简单的描述便可了结。若细细梳理,匈奴法律依然相当完备。以现有的法律体系看,秦汉时期的匈奴已有较完整的司法制度,有专门领掌诉讼的机构、官吏;有监狱,有刑法。刑法中有相应的罪名,有与之配套的刑罚。在汉代人的著作中,匈奴的法律往往被视作习俗,而不是法律,以至于在后人眼中,匈奴缺少法律和司法制度。

Although Xiongnu′s judicial system is not complete as Han people′s Dynasties, it cannot be summed up by a few words. There were complete judicial system in Xiongnu in Qin and Han dynasties-there were special officials and institutions in charge of lawsuits; there were prisons and criminal code; there were corresponding accusation and punishment in the criminal code. In Han people′s works, law system was regarded as conventions. Therefore, in the eyes of descendants, Xiongnu was lack of law and criminal code.