秦汉律的罚金刑

The Fine Penalty in Law of Qin and Han Dynasties

秦律的赀罚与二年律令的罚金虽然名称完全不同,但两者具有继承关系。秦律的赀二甲是对盗窃额未满110钱-22钱的处罚,赀一盾是对未满22钱-1钱的处罚。秦律的这些内容由二年律令继承。赀罚原来分为赀一盾、赀二盾、赀一甲、赀二甲等四个等级,后来赀二盾逐渐消失,形成赀一盾、赀一甲、赀二甲三个等级,这三个等级的比例为1:2:4,与二年律令的罚金一两、二两、四两的比例关系相一致。赀一盾的罚额为672钱,与罚金一两的价额625钱相差不大。赀一盾的价额672钱与秦律规定的日均劳动价额8钱有关,以一日劳役为八钱计算,672钱相当于服役84天的价额。汉代的罚金制度与赎刑重复,尚未形成完整的体系,直至晋律,才将汉代的罚金精简为五个等级。

The difference between ＂zifa＂ in law of Qin Period and ＂Fajin＂in Law of the 2nd Year was only in name, in fact, the latter succeeded the former. The grades of zifa in law of Qin was four and afterwards became three, and the proportion of quantity of fine penalty was 1：2：4, which was as same as in Law of the 2nd Year. In Han Dynasty, fine penalty largely overlaped with expiation and had not integrated untill Jin Dynasty when fine pen- alty was simplified into five grades.