秦“谳狱”补疑——以“岳麓书院藏秦简”为视角

A Complementary Study on the Submitted Reports on Trial of Qin Dynasty——From the Perspective of the Yuelu Qin Bamboo Slips

中文关键词:  谳狱；当；奏谳书；岳麓书院藏秦简

英文关键词:submitted report on trial, dang, submitted criminal cases of Qin dynasty, Yuelu Qin bamboo slips

中文摘要:

      秦时“谳狱”之“谳”除了有“疑狱上谳”之义，还有因事件的特殊性或者犯罪主体的特殊身份本级司法机关无权决断而上谳上级司法机关断决之义。根据《岳麓书院藏秦简(五)》（待出版）中秦令的内容，“当”作为一种独立的文书，有固定的格式，附在确定案情的“鞫”文书之后，多见于郡级上谳廷尉的狱案文书中；且这类案件中对于犯罪主体所适用的处罚没有疑义，而是由于其身份的特殊性，郡无权处理，需要廷尉或者皇帝来做最后的决断。

英文摘要:

      The submitted reports on trial of Qin dynasty mainly included two parts, one was the doubtful cases, and the other was the specific cases and cases in which the suspects held special status. Based on the ordinances of the Yuelu Qin bamboo slips, “Dang”, the proposal for judgement, had its regular format and it was usually attached on “Ju”. “Dang” was usually found in the criminal cases reports submitted to Tingwei, the main judicial officer, from the lower prefecture. And, due to the specific feature of the cases, the prefecture officials had no right to make the final decision, and Tingwei or the emperor were eligible to make the final judgement.