汉代家庭成员间坐罪减免的途径与条件辨析

The Analysis on Ways and Conditions of Remitting the Incrimination Punishments between the Familial Members in Han Dynasty

汉律除继续推行家庭缘坐制外,对家庭成员间坐罪减免的途径与条件也有相应规定。一方面,缘坐人可以通过协助官府追捕或告发犯罪人等方式免除坐罪;另一方面,如果犯罪人或缘坐人的身份满足一定的条件,缘坐人的坐罪亦有减免的可能。

Besides pursuing the legal institution of punishing an individual because of his or her familial connection with the offender, Han＇s laws also made relevant provisions about remitting the incrimination punishments. On one hand, the incriminated peoples could help the official to hound the offenders or disclose the offences in order to avoid the incrimination. On the other hand, if the identity of offenders or the incriminated persons matched some conditions, the incrimination punishments could also be remitted.