作 者: ;
机构地区: 嘉应学院政法学院
出 处: 《嘉应学院学报》 2006年第5期110-113,共4页
摘 要: 在睡虎地秦简、张家山汉简和里耶秦简中,不约而同地出现了“隐官”的确切记载,并可发现秦“隐官”的四个来源:冤假错案的平反者;军功以免的部分工隶臣;受肉刑处罚而后获免罪者;私属放免者。从而说明“隐官”不可能是某种机构,而应该是受过肉刑处罚,因特殊原因被官府确认为可怜悯者,并给予一定的补偿或照顾,但他们既不属黔首或庶人,也不是官私奴婢,应该是处在两者之间的身份特殊的低贱者。 There are coincidental exact records of 'Yinguan' on the bamboo slips of the Qin Dynasty unearthed in Shuihudi and on those of the Han Dynasty unearthed in Zhangjiashan as well as those of the Qin Dynasty unearthed in Liye.The four sources of 'Yinguan' in the Qin and Han Dynasties can be found in them,i.e.those who had been rehabilitated from the unjust,false and wrong cases;some of the handicraft slaves whose status could be changed through military exploits;those who were exempted from punishment after having received corporal punishment;those slaves and maid-servants who could be set free as freemen,which thus shows that 'Yinguan' couldn′t be an institution but people who could be taken pity on and afforded certain compensations or favor,after having received corporal punishment,which,for some special reasons,were affirmed by the feudal officials.However,they were neither common people nor slaves and maid-servants of the government officials or other persons but people with special status who were low and degrading between them.