张家山汉简《二年律令》所见刑罚原则

张家山汉简《二年律令》是西汉初年的法律辑录 ,这批简文对刑事责任年龄、故意与过失、数罪的处罚等都有较细密的规定。其它刑罚原则有诬告反坐原则、证言不实反坐原则、连坐原则、上诉不实加刑原则等。汉律在定罪量刑时 ,充分考虑皇权和尊长的地位 ,对于触犯皇权和尊长都要从重处罚。此外 ,对于触犯人伦、群盗犯罪以及官吏犯罪也予以重惩 ,而对于自首和犯罪后自动减轻犯罪后果等则采取从轻处罚的原则。汉初的刑罚原则与秦律所载刑罚原则基本相同 ,西汉武帝以后在具体的操作细节和适用标准方面有所改变。

The Principles of Criminal Punishment in the Two-year Laws and Decrees in Zhangjiashan Bamboo Slips of Han Dynasty

The Two-year Laws and Decrees in Zhangjiashan Bamboo Slips of Han Dynasty is the collection of codes of the early Western Han,which make people know the principles of criminal punishment in the early Han Dynasty quite well.The Two-year Laws and Decrees specified the age of criminal responsibility,intention and negligence,and punishments for plural crimes.There are some other principles of criminal punishment such as the principle of the imposition of the same punishment for the false accuser as he has intended to inflict upon the accused,or provided false evidence,the principle of being punished for being related to or friendly with the person who has been convicted of an offense,and the principle of increasing punishments for false appeal.In the Codes of Han Dynasty,when conviction and sentence be made,the positions of the imperial power and the elders had been fully considered.Those who offended the imperial power or the elders would be punished. Besides, violation of human relations,crime of group theft,and crimes committed by officials would be seriously punished, but as to those who confessed their offenses,or voluntarily reduce the criminal consequence after committing crimes, the principle of lighter punishment would be adopted.The principle of the early Han is nearly the same to those prescribed in the Codes of Qin Dynasty, but after Wudi of the Western Han Dynasty there were some changes in the concrete operation details and standards of application.