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秦令研究——以《岳麓书院藏秦简(肆)》为中心

Research on the statutes of Qin Dynasty, Center around the fourth volume of the Qin Dynasty bamboo and wooden slips of Yuelu Academy

作者:马力
  • 学号
    2014******
  • 学位
    博士
  • 电子邮箱
    mal******com
  • 答辩日期
    2018.05.31
  • 导师
    刘国忠
  • 学科名
    中国史
  • 页码
    190
  • 保密级别
    公开
  • 培养单位
    069 人文学院
  • 中文关键词
    《岳麓秦简(肆)》,令简形制,秦令类型,律令整理
  • 英文关键词
    the fourth volume of the Qin Dynasty bamboo and wooden slips of Yuelu Academy, statutes of Qin Dynasty, type of Qin statutes, the formation of statute slips.

摘要

过去,秦令研究受到史料稀缺的限制。尽管睡虎地秦简发现了一些涉及秦令的记载,但是,出土秦简中一直未见到秦令的实例。此后,秦汉简牍中陆续发现了一些秦令条款,但数量极其有限。这种局面直到岳麓秦简发现后,才有了较大改观。本文对秦令的研究,即以《岳麓书院藏秦简(肆)》为中心,以岳麓秦简的秦令简为主要素材。简牍是秦令的书写载体。秦代律令对行政文书的材质、尺寸和编联方式有明确规定,朝廷和郡县官署保存的全本律令应当也奉行这类条款。根据出土秦简可知,“牍”和“牒”是制式书板,要按照律令规定来制作,两种名称在里耶秦简中十分普遍;“版”、“方”、“扎”、“简”是“牍”和“牒”的别称,形制上可以有所变通,不必严格遵守律令而制作,里耶秦简中这类名称也相对少见。制式书板多用于朝廷和郡县官府保存的全本律令,其他律令抄本如《岳麓秦简(肆)》第三组简所示,或为了满足个人使用需要,或出于随葬目的而制作,故而都用非制式书板抄写编联而成。此外,不同书手的笔迹证明第三组简是多人分工合作的结果。根据这组简的令文结构、上下文关系以及简背的反印文,还可对目前的简位和简序再做调整。岳麓秦简的秦令,在类型上并未超越大庭脩根据汉令确立的相关理论。不过,秦令的文本类型与实际制定流程之间未必完全对应,原因在于每个流程未必都以文书为载体,皇帝有时会口述命令,并由大臣在文书中进行追述。这就会使制定流程与文书过程之间发生错位,进而导致文本类型与制定流程不一致。另外,通过与里耶秦简的对比,可以发现以“令曰”开始的令文未必都属于秦令,其中的一部分条款来自于官署政令。这些政令与秦令存在一定的相似之处,但内容与主旨比较细碎,行文措辞上也保留了较多的行政用语,不像秦令那样具有普遍适用性。政令基本以律令为纲而制定,具有辅助律令贯彻执行以及补充律令不足的功能。在满足一定条件的前提下,政令可以升格为律令。秦代中央和地方都有整理律令之权。由于领域辽阔,风土民情各异,加之政治因素等影响,郡县编制的律令整理本更切合地方行政的需要。岳麓秦简带有天干编号的《田律》即属此例。针对南郡特殊的政治和社会环境,这条《田律》被南郡郡府整理摘录,供属县参阅执行,目的在于禁止百姓挪用余粮,保障当地的粮食供应。同时,它的摘录模式也与南郡重视基层吏治的行政倾向相符。

In the past, the study of Qin statutes is limited by the scarcity of historical data. Although Shuihudi bamboo slips of Qin period found a number of indirect records related to Qin statutes, however, there are no examples of Qin statutes have been seen in unearthed bamboo slips of Qin period. Since then, some articles of Qin statutes have been found one after another in the bamboo and wooden slips of Qin and Han dynasties, but the quantity is extremely limited. The situation did not change until after the discovery of Yuelu bamboo and wooden slips of Qin Dynasty. This article focuses on the study of Qin statutes, which is based on the fourth volume of the Qin Dynasty bamboo and wooden slips of Yuelu Academy.Bamboo and wooden slips are the writing carriers of Qin statutes. Laws and statutes of Qin Dynasty stipulates the materials, dimensions and compilation methods of some administrative documents clearly. The entire laws and statutes, preserved in court, prefecture and county magistrates’ offices, should also follow such clauses. According to unearthed bamboo and wooden slips of Qin Dynasty, Du(牍) and Die(牒) are standard writing boards, must be made in accordance with the law and statutes, both names are common in Liye bamboo and wooden slips of Qin Dynasty; Board(版), Fang(方), Zha(扎), Slip(简) are another names for Du and Die, dimensions can be changed and production does not have to strictly abide by the laws and statutes. These names are uncommon in Liye bamboo and wooden slips of Qin Dynasty. The standard book plates are often used in laws and statutes books kept by imperial court and prefecture and county office. Other laws and statutes transcripts, as the third group bamboo slips of the fourth volume of the Qin Dynasty bamboo and wooden slips of Yuelu Academy shows, to meet the needs of individual use, or for burial purposes, they are copied and coupled by using non-standard book plates. In addition, the handwriting of different scribes proves that the third group is the result of the cooperation of many people. Based on the textual of statute clause, contextual relationships, and the anti-imprinting of the slips, the current position and sequence of the third group slips could be adjust again.The Qin statutes of Yuelu bamboo and wooden slips of Qin Dynasty did not go beyond the relevant theories established by Oba Osamu according to Han statutes. However, the text type of Qin statutes do not necessarily correspond to the actual development process. The reason is that each process may not necessarily be based on documents, and the emperor sometimes dictates orders and the ministers make remarks in the documents. This can cause misalignment between the development process and the documentation process, which can lead to inconsistencies between the text type and the development process. In addition, by comparing with Liye bamboo and wooden slips of Qin Dynasty, it can be found that the expository words starting with “statute said”(令曰) may not all belong to Qin statutes, and some clauses come from the decree of the bureau. There are certain similarities between these decrees and the Qin statutes. However, the contents and themes are relatively fine-grained, and many administrative terms are also preserved in the drafting. They are not universally applicable like the Qin statutes. The decrees are basically formulated on the basis of laws and statutes, and they have the function of assisting in the enforcement of laws and statutes, and supplementing laws and statutes. On the premise of meeting certain conditions, the decree can be upgraded into law and statute.Both the Central and local governments of the Qin Dynasty had the power to sort out laws and statutes. Due to the vastness of the territory, the diverse local conditions, and the influence of political factors, the compilation of laws and statutes by prefectures and counties is more in line with the needs of local administration. The clause of law of fields with the heavenly stem in Yuelu bamboo and wooden slips of Qin Dynasty is the case. In view of the special political and social environment of Nanjun prefecture(南郡), this clause was collected and excerpted by Nanjun prefecture office for reference by subordinate counties. The purpose is to prohibit people from misappropriating surplus grain and safeguarding the local food supply. At the same time, its mode of excerpts is also consistent with the administrative tendency of Nanjun prefecture, which emphasizes grassroots officals.