秦汉伤害罪探析

Analysis of Mayhem During Qin and Han Dynasties

秦汉刑律将伤害他人身体的行为区分为斗伤人、贼伤人、殴伤人,有清晰的入罪标准和保辜规定,在量刑时考虑到了行为人与被害人之间的亲属、尊卑、上下级关系:对卑幼、下级处罚重于普通人,对尊长、上级的处罚则轻于普通人。

Behaviors,which assault others' body,were divided into willfully harming,willfully homicide and battery in Qin and Han Dynasties' Criminal Law.The law stipulated clearly about the criteria of conviction and assurance system,and thought about the relationship of relative,superiority and inferiority and the higher and lower organization between the actor and victim: the inferiority was severely punished than the ordinary people,while the superiority was punished than the ordinary people