从《睡虎地秦墓竹简》看秦国地方官吏的犯罪与惩罚

Criminal and Punishment of Local Officers in Qin State Reflected in The Bamboo Books of Qin Tomb Found in Sui Hudi

《睡虎地秦墓竹简》记载了战国时期秦国地方官吏犯罪及其惩罚的有关律令,主要有任用官吏不当罪、失职渎职罪、经济与管理方面的犯罪、欺骗上司弄虚作假罪等方面的律令。秦国地方官吏犯罪多涉及到失职渎职罪,说明当时对地方官吏在职责范围上有明确的规定与要求,在管理上较为严格。下属犯罪,上司要承担连带责任,同样给予处罚。秦律反映出优遇统治阶级的特点,对犯罪官吏,可找人替罪或以物赎罪,其物品多为甲盾等兵器,体现出战国以战为主的时代特点。秦国在地方上设置了廷尉、御史等主管司法的官吏,加强了监督、处理官吏犯罪的力度,在职官管理和以法治官方面取得了一定的成效。

For the demand of unifying war, Qin Country in the period of the Warring States issued a series of rules and laws against local officials' crimes, and got some effects. The crimes committed by local officials in Qin State mainly contained as follows: appointment of inappropriate officials, delinquency and dereliction of duty, crimes on economy and management, and falsification and cheat. The crimes most concerned delinquency and dereliction of duty, which Qin had clear and definite rules on the functions of local officials. The subordinate committed crime, and the superior also undertake related responsibility, equally giving both punishments. The laws of Qin had characteristic of giving special treatment to ruling class. Criminal Officials could look for person to substitute him or atone for sin with the thing. Qin also set up the special officials in localities such as Tingwei and Yushi, who were in charge of monitor and punishment of local officials. Qin acquired some achievements in ruling by law.