睡虎地秦简中的“公”与“王”——以“宗祠”类财产所有权的相关讨论为核心

the Property Ownership's Identification of “Gong and Wang” was Reflected in the Qin Tomb' s Letters of Shuihu Mountain——Focus on the Discussion of Sacrifice Property' Ownership

经历了东周剧变,周天子"王"的所有权标识逐渐被新的名目取代。不过,在睡虎地秦简中仍有一组财产被同时冠以"公"与"王"的专有性质即"公祠""王室祠"等特殊财产,而与之相关的祭祀类律法的存在则表明了秦律对于先秦祭祀传统、法家"立公灭私"思想的继承,又体现出在秦朝改元称王的重要时期,统治者借助早期祭祀律法来宣明其统治权威的政治目的。在其后的汉初律简中又较难寻见此类记载,这无疑是秦汉律简中较明显的区分。

After the fusion of the Spring and Autumn Period, the king＇s property identifies was gradually replaced by new projects. But, there was a group of property was reflected in the Qin Tomb＇ s Letters of Shuihu Mountain, that was also given gong（the public） and wang（the king＇s ownership）, for example ＂GongCi＂ ,＂WangShiCi＂. It show that the early Qin Dynasty law was inheritance of the Ancient rituals and the thought of ＂Li Gong Mie Si＂ from Legalism. It also show the purpose that the ruler of the early Qin Dynasty maintain the sovereign rights by the early religious law. Then, there wasn＇t such records in the early Han Dynasty law, that was a different points between the Qin Dynasty law and the early Han Dynasty law.