先秦至六朝时期的罪与罚

Crime and Punishment from Pre-Qin Dynasty to the Six Dynasties Period

本文拟从整体上观察先秦至魏晋南北朝时期人们如何处理罪与罚的问题,从而探究中国人关于罪与罚的意识。先秦时期有个观念:上天根据人的品德而给予长短的寿命;也有个观念:自己的命运是早已因祖先行为的善恶而决定。到两汉时期就明确存在"罪"的观念,反省自身、感到自己有罪的情况,在汉代是很普遍的。祖先的罪过影响到自己,这样的看法比以前明显得多。关于"罪"的内容在文学作品当中虽不太多见,但在班固的《幽通赋》中能够看到,这很值得注意。可知当时人们认为,由于祖先的行为,自己出生时就背负了不幸和罪恶。在南北朝时期,所谓六朝志怪小说中,也包含了与罪过有关的、关于祖先与自己关系的观念。为什么大多汉代文学作品中几乎找不到"罪"的内容?尤其是诗中基本上见不到"罪",大概是因为诗这一文体有它自己的规则禁忌,即诗中不应表现这样关于"罪"的问题。《为焦仲卿妻作》等乐府民歌中时常出现"罪",这个事实也证明上面推测还是有合理性的。

In this paper the author takes a look at how people in the era from pre-qin Dynasty through the Six Dynasties saw the issue about crime and punishment,and seek the Chinese people＇s consciousness to them. In pre-qin Dynasty,there was an idea that Providence determined the humans＇ life span depending on their virtue and that the fate were decided by the good and evil of their ancestors＇ acts. In the Han Dynasty,there was clear ＂crime ＂conscienceness. It was not unusual to reflect on themselves and to feel guilty. It was clearer than before that their ancestor＇s crime influenced them. Almost all literary works,however,had no description about crime. It is notable that Ban Gu＇s ＂Youtong Fu＂had them. It says that in those days,people thought that they were charged with not only their ancestors＇ crime but also the misfortune and crime of themselves since they were born. The idea about the crimechain between their ancestors and themselves was also included in ＂Liuchao Zhiguai＂stories. Why the ＂criminal＂descriptions were hardly seen in the literary work in the Han Dynasty？ It is because the literary form of poetry has selfregulation of style. There is consciousness of the taboo that the contents connected with a ＂crime ＂ must not be expressed in poetry. In the folk songs and ballads such as ＂Wei Jiaozhongqing qi zuo,＂the ＂crime＂was often seen.The fact supports the author＇s idea.