造畜蛊毒:从左道邪俗到法律罪名

Making and Spreading Toxin Produced by Poisonous Parasites:From Sinister Practices to Crimes

“蛊”汉时已入律,分为蛊罪和巫蛊罪两个罪名。隋代以后,巫蛊罪名在法条中消失不见,而巫蛊罪之相关巫术却和蛊罪一起列于各代律法之中。“造畜蛊毒”罪名出现在唐律,且入十恶之不道。造畜蛊毒罪名在唐律中的出现和成熟,是传统社会巫术思想与法律文化内在关联性的外在表现。后宋、元、明、清律中造畜蛊毒罪均基本承袭唐律之规定,并不断呈泛化趋势。造畜蛊毒从左道邪俗成为法律罪名并被后世所沿袭,是在巫术与法律文化相互渗透和影响下,皇权社会企图利用法律来规范巫术和迷信的结果,有其必然性因素,同时也一定程度上体现了我国古代社会法治的进步和法制建设的不断完善。

"Gu"(蛊,killing people with toxin produced by poisonous parasites)was written into the law in the Han Dynasty,thereby bringing forth two relevant crimes of killing people with poisonous parasites(蛊)and cursing people by burying puppets(巫蛊).Ater the Sui Dynasty,the crime of cursing people by burying puppets could not be found in laws,however,witchcraft related to it,along with killing with toxin produced by poisonous parasites,was listed in laws of the then and following dynasties.The Tang Dynasty made making and spreading toxin produced by poisonous parasites a crime by its law and particularly listed it as"budao"(不道,crimes committed by brutal means and with great harm to personal safety)of the ten abominations(十恶).The appearance and maturing of such a crime in the Tang Code was an external presentation of the inner connection between witchcraft and legal culture in traditional societies.Later,laws and codes of the Song,Ming,and Qing Dynasties almost succeeded that of Tang Dynasty and constantly showed a tendency of generalization.Transformed from sinister practices to be a term for crime and followed by later dynasties,making and spreading toxin produced by poisonous parasites was a consequence of the attempt of regulating witchcraft and superstition with laws in imperial society under the interaction between and influence of witchcraft and legal culture,which included certain inevitability.However,to some extent,it also indicated the ancient society saw advances in the rule of law and continual improvement of the legal system construction.