摘要
睡虎地秦律中的"官"没有官吏的意思,其主要义项是具有特定职能的机构、部门,从而引申出"公家"的意思,不宜泛泛作"官府"解。"官府"在秦律中有特定含义,表示具有保藏或作业功能的机构及其场所,不宜直接以现代汉语的"官府"对译。秦汉之际官署名称从"官"到"曹"的变迁,是秦朝建立前后以行政行为统一称谓用语的结果。里耶秦简中的"守",主要是长官不在时由某官员代为留守官署坐班之意。对里耶秦简中大量出现"守"和"守丞"现象的解释,必须联系睡虎地秦律和里耶秦简的不同文本性质和具体时空背景来理解。
According to Qin law discovered in? Shuihudi Qin tombs (located in Yunmeng county, ? Hubei province), "guan" refers to the institutions and departments with special functions, and extends naturally to the meaning of "public", rather than "official", so that it cannot be interpreted as "guan fu". In Qin law, "guan fu" has a special meaning, that is, the institutions and places with preservation or operation functions, which is quite different from the modern meaning of "guan fu (feudal official)". During Qin and Han dynasties, the name of government officials transferred from "guan" to "cao" is the result of unifying appellation terms for administrative actions after the foundation of Qin dynasty. In Liye bamboo slips of Qin dynasty, "shou" mainly refers to an official stays behind to take care of things in government office on behalf of his superior when his superior is absent. To interpret the meanings of "shou" and "shou cheng" in Liye bamboo slips, we must take the different nature of text and historical context of Shuihudi Qin law and Liye bamboo slips of Qin dynasty into consideration.
出处
《西南政法大学学报》
2014年第2期17-24,共8页
Journal of Southwest University of Political Science and Law
基金
2013年国家社科基金重点项目"重新认识中华法系"(13AFX003)
关键词
官
守
曹
里耶秦简
秦律
“guan”
“ shou”
“ cao”
Liye Bamboo Slips of Qin Dynasty
Qin law