秦孝道律令化历程论考——以岳麓秦简户时复申令为中心

On the Process to Incorporate the Idea of Filial Piety into Law:Focused on Hushi Fushen Ling from the Collection of Qin Bamboo Slips in Yuelu Academy

本文首先复原岳麓秦简一秦令。令文含乡里吏向上级官署移送孝悌为善者牒及惩处不孝罪,且吏在每年核验户籍时向黔首宣读此令。秦在早期颁行的律文确认家主对子女、奴婢的惩戒权,官吏不受理对家主的控告。而秦在乡里秩序稳固之后颁行此令,规定由官府惩处不孝罪,并规定如果父母不向官府控告不孝子女则予以惩罚,且惩罚家主杀伤子女、奴婢的行为。秦在以法为教框架内完成了孝道伦理的律令化,为汉朝所继承。

Based upon the text of Hushi Fushen Ling(户时复申令)in the collection of Qin bamboo slips in Yuelu Academy,this article points out that the rural level clerks of the Qin were required to report people's activities that fulfilled the virtue of filial piety to their superiors,punish those who did not follow the principle of filial piety,and read this order to people in certain time every year.As a matter of fact,the earlier legislation of the Qin already denied the rights of all inferiors to sue their family superiors.By enforcement of this order,the Qin government finally completed the process of incorporating the idea of filial piety into law.This practice was inherited by the Han Dynasty.