《为狱等状四种》中的“吏议”与“邦亡”

“Li Yi” and “Bangwang” of “Wei Yu Deng Zhuang Si Zhong”

整理者认为《为狱等状四种》中"吏议"的主体为县吏,然县吏似无权参与案件的审判,而直接听命于郡守的都吏是有断狱和向廷尉奏谳的权力的,故"吏议"之主体当为都吏。一般认为"邦亡"指逃出国境,然从《癸、琐相移谋购案》可知秦人逃亡到南郡被定为"邦亡"罪,而案发时南郡早已划入秦版图之中,故知"邦亡"当为逃离秦故地,而非逃离国境。"邦亡"是一定历史时期内秦国特有的称谓,秦统一后该词未见于文献之中。

The sifter of ＂Wei yu deng zhuang si zhong＂ proposed the idea that ＂Li yi＂refers to county officials. However, county officials did not have enough right to decide the case or ＂Zou yan＂ same as Du officials. So,＂Li yi＂refers to Du officials. ＂Bangwang＂ was a special legal terminology of Qin bamboo slips, referred to escape from the Qin old territory, rather than escape from the Qin. Some people who escape from the Qin old territory to Nan jun were sentenced to＂Bangwang＂ in ＂Gui Suo xiang yi mou gou an＂. In fact, Nan jun was a part of Qin territory many years ago. ＂Bangwang＂was a terminology of historical peri- od, has not been found in the literature after Qin unified China.