Reexamination into the Institutional History of the Han Dynasty by the wooden slips excavated in Zhangjiashan

在这个项目中，我们利用新出土的手稿重新审视了中国古代的法律行政制度。主要材料是张家山汉墓出土的二年律令。至于法律制度，研究的重点是刑罚制度，特别是强制劳动刑制度。秦汉初存在五种无限期的劳动惩罚制度。它们被认为是根据劳动的硬度进行分类的。但仅凭这一因素对几种类型的劳动处罚进行分类肯定很困难，因为它不是一个客观标准。细读《二年路令》，我们可以看到，不同的惩罚类型是根据几个因素进行分类的，即罪犯的任务和工作班次，以及对罪犯家人的待遇。在皇帝文治时期，对罪犯家属的各种惩罚都是一种…更醒目了。这项改革使每一种劳动刑都有了明确的期限，很可能同时废除了残刑。此外，贵族等级制度也被讨论过。这些军衔是以一揽子命令的方式授予没有任何资格的受试者，这一直被认为是汉人的特征现象。《二年庐陵》包含了许多关于军衔人员特权的规定。在日本学者之前的研究中，人们一直怀疑这些特权是否真的被使用过，因此它们没有被视为促使平民立志于等级的必要因素。但我们肯定会发现，正是由于这些优点，二年庐陵贵族阶层中的一些积极特权才是应该被渴望的，形成了社会秩序的重要组成部分，并巩固了皇帝的地位。《汉初贵族等级：等级持有人的法律特权及其继承》(见：Tomiya，I.(主编)，《张家山247号墓出土律例研究》，京都，和田，2006)，是上述复审的结果。较少

In this project, we reexamined the ancient Chinese legal administrative system, utilizing newly excavated manuscripts. The main material is the Statutes and Ordinances of the Second Year (Ernian luling), which was unearthed from a Han tomb at Zhangjiashan.As for the legal system, the focus of research was put on the penal system, especially the system of compulsory labour punishment There existed five types of labour punishment without a definite duration in the Qin and early Han periods. They are thought to have been classified according to the hardness of labour. But it must have been difficult to classify several types of labour punishment only by this factor, since it is not an objective standard. Intensive reading of the Ernian luling tells us that the different types of punishment were classified by several factors, that is, tasks and work shifts of convicts, and the treatment of convicts' families. In the Emperor Wen's reign, every form of punishment for offenders families was a … More bolished. This reform caused the definite duration for each type of labour punishment to be set, and it probably effected the abolishment of mutilating punishment in the same reign.In addition,- the system of aristocratic ranks was also taken up for discussion. These ranks were given to subjects without any qualification by way of a blanket order and that has been thought to be a characteristic phenomenon of the Han. The Ernian luling include many regulations concerning the privileges of rank holders. In previous studies by Japanese scholars, it has been doubted whether these privileges were actually used, so they were not regarded as an essential factor that made commoners aspire to ranks. But we can surely find some active privileges in Ernian luling Aristocratic ranks should have been desired because of these merits, formed an important part of social order, and strengthened the position of the emperor.The articles given on this sheet, and other articles, i.e. "Aristocratic Rank in the Early Han Dynasty: The Legal Privileges of Rank Holders and their Inheritance" (in: Tomiya, I. (ed.), Studies on the Statutes and Ordinances Excavated from Zhangjiashan Tomb No.247, Kyoto, Hoyu shoten, 2006), appeared as a result of the reexamination mentioned above. Less