再论“室人”与“同居”——以简牍为核心看战国秦汉时期的农业家庭

A Reanalysis of Shiren and Tongju:Based on Bamboo Slip Records about Farming Families in the Warring States Period,Qin and Han Dynasties

"室人""同居"所指均为具有血缘或婚姻关系的家人,都具有同住的特点,都不包括"隶"及奴婢,都要承担法律上的连带责任。但二者的侧重点不同:"室人"之间同居所,是从室屋宅院即建筑空间角度上界定的家人;"同居"具有同居住、同户籍、同母的特点,是从户籍、血缘角度上界定的家人。"家"首先是住所、容身之地,其次是同户籍的法律认定。"室人"与"同居"从这两方面分别体现"家"的突出特点。"同居"是法律用语,在一切都以"户"为单位,重视"户"的连带责任的战国、秦及汉初,它作为常用术语出现。战国晚期至汉初,"同居"渐渐不再被使用,"同产"指代同父母的兄弟姊妹的法律用语与父母、妻、子并列出现于法律条文中成为连坐对象。

Both Shiren and Tongju refer to family members who are blood relatives or couples, live together, bear joint legal liability, and do not include farmhands and maid servants, but there are still some differences between them. Shiren is defined by co habitation, that is, living under the same roof, and Tongju by household and blood relationship, that is, having the same registered permanent residence and the same mother. ＂Home＂, at first, is the place of residence, and then legal recognition of the same household registration. For these two aspeets, Shiren and Tongju reflect the striking features of ＂home＂ respeetively. Tongju is a legal term, but in the Warring States Period, Qin Dynasty and early Han Dynasty when the whole society was ruled on ＂household＂ basis and joint legal liability was much cmphasied, the term was widely used. From the late Warring States Period to early Han Dynasty, Tongju was gradually replaced by a new legal term Tongchan the siblings with the same parents, and began to appear together with other terms such as father, mother, wife and offspringin law provisions concerning collective punishment.