秦汉家族成员连坐考略

秦汉统治者为巩固其统治,继承了产生于奴隶社会的连坐法,并对其加以发展。秦汉家族成员的连坐涉及到父子、夫妻、兄弟姐妹、祖孙、从兄、宗族等各种亲属关系。与连坐有关的罪名有盗窃、罪犯逃亡、挟书、谋反、巫蛊、祝诅、首匿、见知不举、诽谤、妄言、非所宜言、妖言、降敌等。连坐法的施行,是封建统治者维护其统治的需要,也是封建地主家族争权夺利的工具。

A Review of the Law Punishing One because of His or Her Familial Connection with the Offender during the Qin and Han Dynasties

Rulers of the Qin and Han Dynasties, in order to consolidate their ruling, carried on the punishment of an individual because of his or her familial connection with the offender, a legal practice passed down by their precursors in the Slave Society. The sentence was simply built on the connection of the innocent with the grandparents, the parents, the spouse, siblings, and cousins. The offence generally referred to stealing, robbery, runaway, possession and dissemination of forbidden books, rebellion conspiracy, sorcery, concealment of one's own or other's crime, slander, telling lies, agitation, and traitorism. This practice had become a necessity for the feudal rulers to preserve its ruling and a tool for the feudal landlords to win over each other.