“暨过误失坐官案”所见官吏职务犯罪的再探讨

The Rediscussion of the Official Duty-relatedd Crimes Reflected by the Case of "Ji Guowushi Zuoguan"

秦代将官吏的行政职务犯罪,按其性质分为"犯令""误"及"坐官"等类别。为对这些职务犯罪行为进行追责,官方形成了"累论"与"相遝"两种处罚原则:性质相近之职务犯罪按照"相遝"以最重一罪论处,而性质不同者则据"累论""数罪并罚"。上述情形显示,秦代的官吏问责制度已达到较为周延的程度,并对后世产生了影响。该文对此进行了专题研究。

In Qin dynasty, the crimes of officials were classified into "fanling", "feiling", and "zuoguan" according to their nature. In order to investigate the legal responsibility of these crimes, the authorities formed two punishment principles of "combined punishment for several crimes" and "investigating one of the serious crimes". The similar crimes are subject to legal liability according to the most serious one, while crimes of different nature are subject to several combined punishments. The above situation shows that the accountability system of officials in the Qin dynasty has reached a relatively perfect degree, and has exerted an influence on later generations.