论汉代官方的所有权形态——以汉简为考察对象

On the Form of Official Ownership in Han Dynasty:A Study on the Han Dynasty Bamboo Slips

在汉初律简中,"县官"一词源于天子之意,与汉初地方行政体系的铺开密不可分,将其冠以财物之前,便代表了汉代最广泛的官方所有权;"官"作为官有权的补充标识被载入汉初律法,但却广泛应用于其他汉简文书之中,亦成为官方所有权的主要标识;"乘舆"取天子尊意,强调皇室财产的专有权;另汉初律简中明确地将"皇帝"冠于玺印之前,用以标识皇权的至高无上,是秦汉以来玺印之制收归皇室的集中体现。

In early records of law engraved on bamboo slips of Han Dynasty, the title ＂Xian Guan （County Magistrate）＂ derived from the implication of emperor, Son of the Heaven. When it was put before types of property, it stood for the most extensive official ownership in the Han Dynasty. ＂Official＂ was recorded in the early Han Dy- nasty laws as a label of official ownership and was applied in other Han bamboo slip law documents, thus becoming the major label of official ownership. ＂Cheng Yu＂, which means the authority of Emperor, highlighted the exclusive owr^ership of royal property. Moreover, in early Han laws, ＂emperor＂ was put before the Seal, which signified the supreme power of the Emperor and also demonstrated that the seal system was made the privilege of the royal since the Qin and Han Dynasties.