“门房诛”考辨

Study on "Menfangzhu"

门房诛是北魏正式入律的刑法之一,虽实施时间不长,但对源承北朝律法的隋唐律有重要影响。由于北魏律佚失过多,今人对门房诛的具体情况认识不一、误解颇多。真正说来,北魏神麔律中对"大逆不道"的处罚即为门房诛,在适刑人员的范围上有明确规定,主要是诛杀与正犯同籍的男性直系血亲者,但不及年八十以上的老人和不满十四的孩童,女性一律没官;非同籍亲属或受牵连但不受诛。这比起秦汉时的夷三族刑来大为减轻,也对隋唐律中族刑的减轻产生了影响。

＂Menfangzhu＂ is one of formal criminal law in Northern Wei Dynasty.Although the period that it be implemented is not long,it has an important effect on future generations.Now,schools have different understanding on ＂Mengfangzhu＂ because the losing of law in Northern Wei Dynasty.In fact,the penalty for outrageous in Shenjia-law in Northern Wei Dynasty is ＂Mengfangzhu＂.This criminal law is mainly used to punish guilt and men who have direct kinship with it,but free for the elderly over eighty and Children fewer than fourteen.All the women who have kinship with guilt would be slaves.The guilt＇s relatives who are not in the same household register would be implicated,but not be killed.The criminal law has been greatly reduced than the law of ＂Yisanzhu＂ in Qing and Han Dynasty,and has an important effect on the mitigation of the family punishment in Tang Dynasty.