论中国历史上的白衣领职现象

On Baiyi-lingzhi(白衣领职) in the History of China

两晋南北朝时期,"白衣领职"是一种与"免官"并列存在而程度较轻的处罚方式,是对免官制度的变通,而不是免官的特殊形式,它显示了士族的身份和特权,反映了当时官僚处罚制度的完善。白衣领职的运用,能够产生"任使无损,以为肃戒"的双赢效果,然而它并非这一历史时期具有标志性的历史现象。隋唐时期,它处罚的对象主要是在军事活动中犯有过失的军将,体现了隋唐政权对于两晋南北朝法律制度的继承与发展。白衣领职的现象迟至清代仍然存在。

In the two Jins and the Northern and Southern Dynasties, Baiyi-lingzhi（白衣领职） was a kind of punishment for officials who had mistakes, which was lighter than that of the dismissing officials. It was the adapta- tion of the system of dismissing officials, not its special form. It shows the Aristocracy＇ s identity and privileges and the improvement of the official＇ s penalties system in this period. It was a measure to protect punished officials and to defend the authority. In addition, Baiyi-lingzhi was not the representative historical phenomenon in Two Jin Dy- nasties and Southern and Northern Dynasties. In Sui and Tang Dynasties, It was changed into one kind of punish- ment for the military officers who had made negligence in the military activities. It reflected the inheritance and de- velopment of the legal system for Two Jin Dynasties and Southern and Northern Dynasties. Baiyi-lingzhi still existed in Qing Dynasty.