汉代“不道”罪考论

A Research on Immorality Crime in the Han Dynasty

“不道”罪并非始出现于汉代,战国中晚期“不道”罪名既已出现,但至汉代,它的内涵急剧膨胀。在汉代“不道”罪不仅指反国家、反社会的行为,而且也包括违反家族伦理的犯罪行为。正由于其内容灵活、庞杂,自汉以降,“不道”罪处在不断地分化中,总趋势是内涵不断缩小、明晰,至唐定型。

Immorality Crime appeared before the Han was established. At least,it came into being in the middle and later periods of the Warring States. The crime at that time covered not only unfilial behaviour but also anti-nation and anti-social behaviors,including anti-family and anti-ethic behaviors. However, due to its flexibility and extensiveness, immorality crimes were in constant splitting-up since the Han Dynasty,connotation of Immorality Crime had generally become dwindled and clarified,and became finalized in the Tang dynasty.