摘要
秦汉刑役的减免方式有两种:其一为皇帝不定期颁发的赦令,其二为刑法典中减免刑罚的律文。赦令中的"赦免"只能使少部分罪犯免于服役;"赦降"使一部分罪犯改变了服刑方式或缩短了服役期,并且改变了罪犯的服役身份,扩大了刑役范围;"赦赎"可以让罪犯赎免为自由人而免于服刑。赦令免除部分罪犯的服役并不会影响国家整体的刑役状况,相反还会不断扩大刑役的规模。罪犯可以依据固定的法律律文以人、爵、冗边、巧及劳赎替为庶民,也可按律减罪和免罪,从而减免刑役。
During the Qin and Han Dynasties,a sentenced criminal might receive a punishment reduction based on the occasional issued amnesty of an emperor,or,by the application of the penalty commutation system regulated by the Criminal Code.Remission by amnesty order can only be granted to a small number of criminals.The so called shejiang(赦降)practice makes it possible for some sentenced criminals to change their ways to serve their sentences,to shorten their service periods,and to change their status as a criminal.The practice called sheshu(赦赎)means to pay a fine to avoid serving in jail.In conclusion,there are different possibilities or ways for a criminal during the Qin and Han Dynasties to lawfully reduce the received punishment.
作者
孙志敏
Sun Zhimin(College of Humanities and Social Sciences,Hebei Agricultural University,Baoding,Hebei,071001,China)
出处
《古代文明》
CSSCI
2018年第4期56-67,124,125,共14页
The Journal of Ancient Civilizations
关键词
刑役
减免
赦令
Service in jail
reduction and remit
Decree for pardon
