汉代捕系文书考述

Discussion on the Arrest Documents in the Han Dynasty

文献所见的捕系文书主要包括逮捕诏书、诏狱书,中央和地方发布的各类通缉、逐捕文书等。对于罪犯的逮捕,除高级官吏等特殊人员需要诏书或诏狱书等文书命令外,均不需要逮捕令;对于逃亡犯,上至皇帝,下至地方郡县均可发布文书进行通缉,并根据案件需要确定通缉区域范围,有的通缉文书张贴于乡亭里所,让吏民尽知,广泛网罗搜捕,如名捕诏书,而有的通缉文书只令特定的执行缉捕任务的官吏知悉,以防止罪犯再次逃亡或隐匿。

The arrest is one kind of the severe precautionary measures taken in the judicial process to deprive the criminals of the freedom temporarily. It plays a vital role in the judicial process, since it is often the premise of the trial. The arrest system in the Han Dynasty is different from today, and we can gain further knowledge about it through the arrest documents, such as the arrest imperial edict, the documents used in imperial edict prison, the documents issued by the central committee and the local government to arrest the fugitives. Only when arresting the privileged criminals, the arrest warrants must be needed. While for fleeing offenders, from the emperor down to the local county could issue warrants. Some warrants need to be posted in the public places, so as to extensively search and catch the fugitives, while others only need to make the specific arrest officials aware of, in order to prevent the criminals from re-escaping or hiding.