秦汉“军兴”、《兴律》考辨

Investigation of Mobilization and Mobilization Law in the Qin and Han Dynasties

与日常性"徭""戍"相别,战时征发、调集称"军兴",与"从军"关系密切。从秦汉《兴律》到唐代《擅兴律》,军兴内容逐步被纳入其中,并成为主体,前后存在一个发展的过程。张家山汉简《奏谳书》有涉及"发屯"的案例。蛮夷大男子因逃亡而被处以腰斩重刑。相关量刑判定,对理解汉代《兴律》多不载军兴内容,或有启发。当时军兴的相关规定,仍属军法范畴。

Different from daily forced labor and defending the frontier,military mobilization means recruitment and assembling forces during the war,which has a close relationship with joining the army. Military mobilization is gradually included in the Military Mobilization Law from the Qin and Han Dynasties to the Tang Dynasty and becomes the main part. Some cases such as defending the frontier are recorded in the Han bamboo slips unearthed in Zhangjiashan,recording that a man is sentenced to waist cutting because of escaping from the army. To some extent,the relevant sentences can help us understand why military mobilization is not included in Mobilization Law of the Han Dynasty. In other words,the relevant rules about military mobilization still belong to military law in the Han Dynasty.