秦汉时期的和奸罪——以简牍资料为中心的考察

The Crime of Adultery in the Qin and Han Dynasties:A Research based upon the Unearthed Bamboo Manuscripts

秦汉时期，法律对和奸的论罪区分为亲属与非亲属两类，处罚轻重差别较大。和奸罪的审理程序包括：以“诣告”的形式对犯奸者提起诉讼；受理机关以县廷为主，疑难案例依次向郡国守相及廷尉府疑谳，王侯的和奸罪则交由中央受理；和奸罪的认定必须满足“必案之校上”的条件。对和奸罪的有关规定和处理从维护家族联姻关系、维护家长权力及保证家族“财不出户”等3个方面维护家族秩序和社会等级名份。

During the Qin and Han Dynasties,the crime of adultery was considered in two categories,namely,those among relatives and those not among relatives. The charges against adultery were different accordingly. To accuse somebody for the crime of adultery,one had to witness the happening of the crime and bring the accused to the governmental offices in person. The ordinary cases of this kind would be dealt with by the county heads,while the complicated cased needed to be handed to the higher offices. In the case of that theaccused were nobility,the case must be dealt with by the central government,even by the emperor. Admitting of being guilty was a necessary condition to place a court charge against the accused. There were three principles generally considered when the officials were dealing with this type of cases:protecting marital relationship,supporting the authority of the clan power,and avoiding the division of household property.