《里耶秦简》(壹)所见作徒管理问题探讨

A Discussion on the Criminal Administration in Bamboo Slips of the Qin Dynasty(Ⅰ)

秦代编制作徒簿的机构有授予方的司空和仓,但二者分工不同;接收方包括库、田官、畜官、少内、属乡等。作徒簿分为临时付受与月度统计两种。秦代各级地方机构对刑徒管理的分工为:郡提出指导原则,县掌握本县刑徒的数据,县属机构负责具体管理。在当时人的观念中,徒隶是一个阶层的泛称,但在司法行政文书中则有特定的内涵,司寇不包括在内。

In the Qin dynasty, the agencies responsible for criminal registers had the granter, including minister of work and Cang,the receiver including Tianguan, Xuguan, Shaoneiand Xiang etc. The criminal registers consist of temporary and monthly statistics. In the Qin criminal administration, the commandery pointed out the guide line, the District magistrate managed the criminal statistic, and the District agencies did particular management. In that age criminals were regarded as a class in people＇s minds. But in the judicial records, the criminal has special meaning, and not including Sikou.