魏晋谋反罪中的兄弟连坐——基于公孙渊案、钟会案、杨骏案的考察

若说魏晋间罪名的界定和相关处罚规定、原则存在因袭汉律或发生变异的话,仅靠律文表述恐怕不足以说明问题,有相关案例可证可佐或许是更重要的依据。就谋反罪中所涉及的兄弟连坐问题而言,公孙渊、钟会、杨骏三案具备兄弟中有人谋反,有人陈情自告却又株连入罪的共性;但处理结果却生杀两殊。在承认古人有遇事求同类比的心理前提下分析三案,恐怕我们对任何案例所要认识的并不仅仅是罪与罚的问题,而是罪与罚背后的法律观念、价值与判断,以及古人是如何理解、接受甚至批判的。

One Implicated in His Brother's Charge of Treason in the Wei-Jin Dynasties: A Study of Cases

We can never conclude,if only by reference of texts of laws but not on the basis of a study of relevant cases,whether the definitions of crimes and relevant rules and principles of punishments in the Wei-Jin Dynasties are similar to or different from those in the Tang Code.In terms of the problem of being implicated in one's brother's charge of treason,the cases of Gongsunuxan,Zhonghui and Yangjun were of some similarity in that the informers were ultimately implicated in their brothers' charge of treason though the sentences differed greatly with some being executed while some not.While studying the cases,we should recognize that what is of most significance is not the crime and penalty per se but the legal concept,value and judgment behind them as well as how the ancient people understood,accept or decided the problem.