法学研究

文章摘要

西汉淳于意狱案发覆

A Study on the Chunyu Yi Case in the West Han Dynasty

DOI：

英文关键词: Chunyu Yi; discrepancies between the related texts in Historical Records and those in Books of Han; transfer of a prisoner between detaining locations; transferred prisoner; Tiying

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作者	单位
张传玺	中国政法大学法律古籍整理研究所

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中文摘要:

对西汉淳于意狱案的记载，《史记》《汉书》有异文、难句,狱案复原应取《史记》。淳于意之罪可能是赃罪，刑应是黥为城旦。淳于意应是先在齐国被治狱、判定肉刑，胡家草场汉简“四月丁巳”时点应与此狱有关；他在囚系待执行时被诏狱遝及、徙系长安。《史记·仓公传》“人上书言意”不是告发淳于意肉刑之罪，所成立的诏狱可能是对齐国狱的移狱再审，也可能是由该上书另立诏狱、狱事连及仓公。“(意)以刑罪当传，西之长安”是传送未执行肉刑的系囚到长安。缇萦上书请求“没入为官婢以赎父刑罪”是主张以官婢身价换取免除其父肉刑，文帝未赦免淳于意，淳于意按新刑制执行髡钳城旦。淳于意可能在文帝十五年遇赦，免为庶人后归乡居家，在后元四年受文帝诏问，对言“(今)意年，尽三年年三十九岁”，“三年”指后元三年。《仓公传》史评“仓公乃匿迹自隐”是对淳于意自保的说辞，不是罪名。

英文摘要:

There are discrepancies between the texts on the Chunyu Yi Case in Historical Records (Shiji) and those in the Books of Han (Hanshu). The reconstruction of key facts of that case should be based on the texts of Historical Records. The crime Chunyu Yi committed might be embezzlement and the punishment was tattooing (or tattooing and cutting off the nose) and being made a wall-builder. Chunyu Yi was first sentenced to this corporal punishment by a court in the State of Qi, and the time point of “April 20th” on the bamboo slips of Han Dynasty excavated in Hujia Caochang may be directly related to this case. While awaiting the execution of his punishment, he was implicated in another criminal case and transferred to Chang’an in accordance with an imperial edict. In The Biography of Cang Gong, the phrase “someone submitted a letter to Emperor Wen which mentioned Yi” does not mean that the person accused Yi of committing the crime, and the trial ordered by the imperial edict might be a retrial of the same case that had already been tried by the court in the State of Qi, or the trial of a new case involving Chunyu Yi. The phrase “(意)以刑罪当传，西之长安” means that Yi was to be transferred to Chang’an as a prisoner awaiting the execution of corporal punishment. Tiying, the daughter of Chunyu Yi, submitted a letter to Emperor Wen, offering herself up as government slave in exchange for exempting her father from the corporal punishment. However, Emperor Wen refused to pardon Chunyu Yi, who was imposed the punishment of having his head shaved, wearing an iron collar, and being made a wall-builder in accordance with the new punishment system. Chunyu Yi might have been pardoned and returned to his hometown in the fifteenth year of Emperor Wen’s reign. In the fourth year of the Latter Period of Emperor Wen’s reign, he was asked questions by imperial edicts, and he answered that “As to my age, I was 39 years old by the end of the third year”, “the third year” here meaning the third year of the Latter Period of Emperor Wen’s reign. The historical review by Sima Qian in The Biography of Cang Gong that “thus Cang Gong concealed himself”, is a statement about Chunyu Yi’s way of self-preservation, not a charge in criminal law.

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