论秦始皇出行逢“盗”及秦代“盗”的法律身份

Research on the Story that the First Emperor of Qin Met with “Robbers” on His Tour and the Legal Identity of “Robbers” in Qin Dynasty

《史记·秦始皇本纪》记录秦始皇出行有博浪沙"为盗所惊"的经历,又有"微行""逢盗兰池,见窘"的故事。二者均因"盗"遇险,但情形有所不同。秦史所见"盗"与"群盗"颠覆秦政的暴动,对秦王朝来说,与博浪沙事性质相同,也应当是政治犯罪。然而对照秦律中"盗"的身份,似乎只是指侵害他人财产所有权者,不涉及政治层面。社会下层的政治犯罪是专门罪名后出的情形,也许值得我们重视。关于以"盗"指称反秦政治运动,当与秦王朝执政者的盲目自信及舆论控制的"忌讳之禁"有关。

The sixth volume of Shiji:A Biography of the First Emperor of Qin,recorded the story that when the first emperor of Qin traveled to Bolangsha,he was shocked by robbers and was trapped in Lanchi where he met with robbers.These two stories are all caused by"robbers",but the situations are different.The insurrections launched by"robbers"and"a group of robbers"in the history of Qin,which aimed to overturn the government of Qin,are the same as the story in Bolangsha.Thus,those actions should be political crimes.However,compared with the identity of"robbers"in the laws of Qin,it seems to refer to the person who infringes on the property ownership of others,and it does not involve the political aspect.The situation that the appearance of the special charges of political crimes lies in the lower strata of society may be worthy of our attention.Using"robbers"to describe the anti-Qin political movement is related to the blind confidence of the rulers of Qin Dynasty and the taboo of public opinion control.