再论秦至汉初的“分异令”及“分户”问题——以出土简牍为中心

Revisiting Issues of“Act of Separation”and“Family Splitting”during the Qin Dynasty and the Early Han Dynasty--Focusing on Unearthed Bamboo Slips

秦商鞅变法颁布分异令,要求百姓“分异”后,原则上每一户中只有一个成年男子及其妻子与未成年子女。百姓“分异”的过程包含别籍、析财两个部分。秦汉官府以加倍征收户赋作为不“分异”家庭的惩罚,同时在百姓“分异”后,按规定授予一定数额的田宅,以此督促百姓分户并保证官府户赋的征收。但由于作为惩罚的“户赋”数额较小,加倍征收之后,惩罚力度仍不大。因此,尽管秦汉官府积极推行分异令、促进百姓分户,但主干家庭乃至联合家庭依然存在,秦至汉初并未完全形成由核心家庭组成的社会。

Shang Yang enacted numerous reforms that changed the peripheral Qin state into a militarily powerful and strongly centralized kingdom.According to one of his reforms which was literally dubbed as‘act of separation’,only one grown-up man together with his wife and children would be allowed in each family after family splitting,which functionally pertains to two parts:starting a new family and accumulating properties.During both Qin and Han dynasties,families unseparated would be punished by doubled Hufu Tax(a type of tax based on household division),while families separated would be granted with certain farmland and houses according to government stipulation,in this way to promote family splitting and guarantee the collection of taxes on registered residence.Although those taxes would be doubled,the punishment was still not effective due to relatively small amount of“Hufu Tax”.Hence,the active promotion of“Act of Separation”by Qin and Han dynasties didn’t lead to a society rigidly constituted by core families during the Qin Dynasty and the Early Han Dynasty due to the de facto existence of stem families and joint families.