论秦朝律法严峻性凸显的原因
On Causes of Highlighting Legal Severity in Qin Dynasty
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摘要: 在秦朝时期,同一套秦法表现出远甚于之前的严酷性,这是客观存在的历史事实。 这一现象与周秦之际的时代变化密切相关,是秦朝新政治体制的派生物。 就实际条文而言,七国法律规定皆十分严苛,但战国时期的七国争雄限制了律法实施范围,卿大夫“私民”阶层的存在亦使其实际执行效果被弱化。 二者造成的是条文制定与实施效果相脱节。 在统一的秦朝建立之后,从外部环境看,地域已无之前七国之分,律法的推行范围扩大。 就内部体制而言,“编户齐民”代替了分封诸侯,隶属于卿大夫阶层的“私民”消失。 严苛的法律条文因内外壁垒的打破而得以有效贯彻,并在刀笔吏“弄法”风气盛行的大环境下被迅速异化为苛政。Abstract: In Qin Dynasty, the same law became much more serious than before, which was an objective historical fact.
This was closely related with the alternation between Zhou and Qin and was a derivative of the new political system of Qin Dy- nasty. In terms of the articles, the laws of the seven kingdoms were all restrict, but these competing kingdoms restrained the scope of their legal enforcement. The existence of"private citizens" of royal clans and bureaucrats weakened such enforcement. The two resulted in the separation between enacting and implementing the legal provisions. After the founding of the unified Qin Dynasty, the territory was not occupied by the seven kingdoms any longer externally, and the scope of the law enforcement expanded. In terms of internal system, the official census registration replaced the duke enfeoffment. The"private citizens" at- tached to royal clans and bureaucrats disappeared. The restrict laws were enforced effectively due to the destruction of both ex- ternal and internal barriers. And they mutated into the harsh system under the environment of prevalent"law playing" by the civil service officials.