汉代监狱制度的历史特点

The Historical Characteristics of Prison System in Han Dynasty

秦汉时期中国建立了专制集权的统一国家,监狱制度是上层建筑的重要组成部分,它以新的面貌出现,又保留了某些旧时代的痕迹。汉代狱制的特点,首先是监狱在中央到地方郡县府寺的全国范围内得到了普遍设置; 其次是狱所的种类相当复杂,不仅名目繁多,而且在府寺牢狱之外另设了 "司空"囚禁与劳役机构; 再次是 "狱"的功能相当混杂,既是监牢,又是法庭。另外,朝廷除了在京师设有专门拘审重案要案犯人的 "诏狱",还往往临时指定各地的某些普通监狱来收审特殊案犯,将其暂时升级,事后通常予以撤销。

The unified centralized state had been established in Qin and Han Dynasties. The prison system was of great significance in superstructure, it took on a new look while retained some characteristics of old times. In Han Dynasty, prison had been set up nationwide from central to local levels. There are many kinds of jails, Sikong （司空） and penal servitude organization were also established. The prison has rather miscel- laneous functions being both jail and court. The imperial court set up Zhaoyu （诏狱） to arrest and question the important criminals, and some ordinary prisons were also used to interrogate special criminals.