汉初王国行用汉法考论——基于张家山M336律令简的研究

An Investigation on Whether Early Han Princedoms Used the Imperial Laws or Not:Based on the Han Administrative Manuscripts Excavated from Zhangjiashan Tomb 336

汉初分封的同姓王国,具有一定的人事权、司法权,职官制度与汉廷相近,有时也会比附汉律令进行定罪量刑,但并不意味着王国有制定法律的权力。对此种种自治权,不宜过分夸大:无论是从名还是从实的角度看,皇权政治一直存在并占据上风,尊卑上下的等级关系也确定无疑。从朝廷颁行的律令看,汉法通行于天下,王国并非是法外之地,更非独立的主权国家;从汉文帝即位以来,朝廷对王国的控制与防范也在不断强化。秦汉之际,封邦建国屡屡再现,是封建观念意识的外在体现,同时也是尝试重建旧制的新实践。

The princedoms enfeoffed in the early Han Dynasty had its right to appoint officials.They could also execute their judicial power.Their bureaucratic system was similar to that of the central government,and followed the legal codes of the central government to make convictions.That being said,it doesn't mean that local princedoms had the power to create their own laws and their autonomy should not be overestimated,for the imperial privilege was always emphasized and local princedoms were always inferior to Han court.The imperial law prevailed everywhere in Han domain,and the local princedoms were not independent states.Moreover,since the rule of Emperor Wen,especially during the reign of Emperor Wu,Han central government gradually tightened its control over local princedoms.This may explain why the imperial laws prevailed and local princedoms lacked the power to make their own legal codes in early Han.