摘要
《岳麓书院藏秦简》(肆)、(伍)中多次出现"执法"这一官职。简文中的执法有的是指朝廷执法,更多的则是过去不见于记载的郡执法。归纳相关简文可知,郡执法是秩级为二千石的郡中长吏,拥有单独的官署。其官署称"府",府中有丞、都吏和卒史,府外还设有若干属官。郡执法不仅仅是监察官员,它拥有司法审判、黜免官吏、调发徒隶、管理徭役、分配钱款和循行案举等多种权力,在郡中发挥着广泛的影响。郡执法一职诞生于秦以郡统县制度发展的过程中。它与郡守、尉、监御史的职掌多有重叠,致使郡中权力分配散乱,政出多门。这种现象既与中央对郡权集中的提防有关,也反映出秦郡制还处于不断摸索的未成熟状态。为提高行政效率,秦始皇最终撤销了郡执法,使秦郡制进入新阶段。
The official named Zhifa has frequently appeared in the fourth and fifth volumes of Yuelu Qin bamboo slips. Some of the Zhifa in the bamboo slips refer to the court Zhifa, and more refer to the commandery(jun) Zhifa. The commandery Zhifa is one of the highest officials in a commandery, and it has independent office which is named "fu". There are cheng, duli, and zushi in the office. Besides, some subsidiary office(shuguan) are also set. The commandery Zhifa should not only be regarded as a supervisory official, for it has the rights of judging, deposing officials, distributing criminal workers, managing forced labors, allocating currencies and monitoring officials, and so it casts widespread influence on the commandery affairs. The position of commandery Zhifa was created during the development of Qin’s commandery system. Its function and power are highly overlapped with those of the commandery shou, wei and jianyushi, and so the power construction is in disorder. This phenomenon is partly resulted by central government’s being beware of power concentration in the commandery, and also tells that the commandery system of Qin is still in an immature state. To improve the administrative efficiency, the First Emperor of Qin finally remove the position of commandery Zhifa, and from then the commandery system of Qin steps into a new stage.
出处
《社会科学》
CSSCI
北大核心
2019年第11期153-162,共10页
Journal of Social Sciences
关键词
岳麓书院藏秦简
执法
秦郡制
地方行政
Yuelu Qin Bamboo Slips
Zhifa
Commandery System of Qin
Local Administration
