摘要
中国古代法律对平民、奴婢的地位有严格规定,二者身分差异也明确体现在户籍中。战国至汉初奴婢主要且合法的来源是被罚没的罪犯,在“刑人非人”的理念下,“户下奴(婢)”被当作特定财产,附着于主人户籍之下,不计入家内人口和官府户口数。西汉中期以后,破产农民成为奴婢主要来源,统治者视奴婢为“人”的意识逐渐抬升。魏晋之际奴婢以“人”的身分著入户籍,与平民并列纳入官府的户口统计,标志着良贱身分制的形成。此后统治者通过禁止自卖、典身等方式,斩断了平民沦为奴婢的途径。与秦汉时期相比,魏晋隋唐时期的奴婢身分有其鲜明特征。
The laws and regulations strictly regulated the status of common people and serfs in ancient China.The differences in their identities were explicitly refl ected in the household registration system as well.From the Warring States period to the early Han Dynasty,the major legal origin of serfs was from convicted criminals.Based on the concept that“criminals are not human beings”,“serfs in the house”would be treated as property and would be attached to the household registration of their lords.None of them would be counted into the family population or the official household registration independently.After the middle period of the Western Han Dynasty,bankrupted peasants became the major source of serfs.Subsequently,the idea that serfs were also human beings gradually took root in the minds of rulers.Thus,serfs were first registered into the household system during the Wei and Jin Dynasties,on par with commoners in the offi cial household registry,symbolizing the formation of the Liangjian identity system(a system identifying people as commoners or mean persons).Afterwards,the rulers eliminated the methods for commoners to be reduced to serfs by prohibiting them from selling and redeeming themselves.As far as the status of serfs is concerned,distinct characteristics can be found when comparing the Wei,Jin,Sui and Tang Dynasties with the Qin and Han Dynasties.
出处
《历史研究》
CSSCI
北大核心
2020年第4期46-73,M0003,M0004,共30页
Historical Research
基金
国家社科基金重大项目“中国古代户籍制度研究及数据库建设”(17ZDA174)阶段性成果
