“大逆不道”还是“逆不道”——从王杖简册说起

Danibudao or Nibudao: A Discussion based upon Wangzhang Bamboo Slips of the Han Dynasty

传统观点认为汉代王杖简册中记载的"逆不道"即"大逆不道"罪省称,但是汉代"逆不道"罪应是独立存在的罪名,并不同于"大逆不道"罪。从刑罚适用角度看,汉代"大逆不道"主犯受腰斩刑,同时亲族因连坐被判处死刑,不因身份不同而存在减刑的可能。而王杖简册中的侵犯王杖老人的罪犯以"逆不道"罪论处,主犯被处弃市刑,不连坐亲族。

In traditional understanding, the crime called nibudao( 逆不道,treason in heretic manor) recorded in the Bamboo slips of the Han Dynasty is a brief expression of the crime called danibudao( 大逆不道, the most serious treason in heretic manor). This article however argues that they were two different accusations. From the penalty point of view, danibudao would be sentenced yaozhan( 腰斩, cut the body in two at the waist) and the family and relatives of the sentenced would also be punished. On the other hand, nibudao would be sentence to qishi( 弃市, killed in the market place), which was considered a less brutal way of death sentence, and there would be no penalty applied to the family and relatives.