试析元代法律中特殊的“奴告主”现象

A Preliminary Study of the Phenomenon of "Slaves' Accusation of Their Master" in the Laws of the Yuan Dynasty

元代初期在一些法律中允许"奴告主",奴隶通过首告、指正其主人的犯罪可获得放良的机会。元初主要使用"奴告主"的方法来限制诸王贵族的权力,有时也被用在朝廷的权力斗争中,反映了元代中央集权过程中,汗权对主奴关系的影响。而这种现象与汉法中亲属相隐、奴为主隐的传统精神相去甚远。元代中后期,通过汉人儒士的上书陈言,国家逐渐立法禁止了"奴告主"的行为,但这一立法是自下而上的、被动的,因此在元代后期这一现象仍具有一定的影响。

In some laws in the early Yuan dynasty, there was the term ＂slaves＇ accusation of their master＂, that is, the slave could first accuse the master for committing a crime and then got freedom if the case proved true. In the early Yuan dynasty, this term was used to limit the power of the princes and nobles or in the power struggle of the Imperial Court, a reflection of the influence of the King on the relationship between the slave-owner and the slave in the process of centralization. This is quite different from the tradition of the Han laws in which the relatives and the slaves were encouraged to help cover their owners＇ or relatives＇ crimes. In the middle and later period of the Yunnan dynasty, some Han scholars submitted proposals for banning this term in the law but it did not completely disappear due to its historical influence.