张家山汉简《亡律》考论

A Review of the Law of Escapee in Chinese Bamboo Slips from Zhangjiashan

通过对张家山汉简《亡律》的解读,探讨了汉《亡律》的立法沿革,并将汉《亡律》与其它各代相关立法进行比较,对秦汉时期不同类型逃亡及舍匿亡人犯罪做了法理分析。此外,对秦汉时期逃亡犯罪的社会原因做了初步剖析。

Through the reading the Law of Escapee in Chinese bamboo slips from Zhangjiashan, the article discusses the legislature reform in Han Dynasty and makes a comparison between the said law with the other related statutes, on the basis of which it also makes a jurisprudential analysis of the different types of escapes and the crime concerning the desertion and hiding of escapees. In addition, the article also makes a tentative analysis of the social causes concerning the crimes of escapees in Qin and Han Dynasties.