期刊信息

  • 刊名: 河北师范大学学报(哲学社会科学版)Journal of Hebei Normal University (Philosophy and Social Sciences Edition)
  • 主办: 河北师范大学
  • ISSN: 1000-5587
  • CN: 13-1029/C
  • 该刊被以下数据库收录:
  • AMI综合评价(A刊)核心期刊
  • RCCSE中国核心学术期刊
  • 中国期刊方阵入选期刊
  • 全国百强社会科学学报
  • 中国人民大学“复印报刊资料”重要转载来源期刊

“弃已复用”:汉代罪吏复叙研究

收稿日期: 2024-4-15
  • 作者单位: 中国社会科学院 历史理论研究所,北京 100101
  • 起止页码: 155 - 162

“The Abuse of Reinstatement”: A Study on the Retoration of Disgraced Officials in the Han Dynasty

摘要/Abstract

摘要:

汉代废除肉刑、徒刑有期,加之察举、征辟制度建立,大量官吏因罪去官后得以复叙。尤其在军事、外交、治剧等要务中,随着需求增加,相关罪吏不仅直接被召拜要职,甚至可能因其才能受到包庇。这些获召拜的罪吏在西汉与匈奴的酣战中发挥出重大作用。相反当需求降低时,统治者对相关人才的重视减弱,甚至加以提防,遑论复叙。这也是东汉治羌不利的原因之一。因为汉代复叙尚无定制,与一般仕进无异,各级统治者为了追求治绩,反复叙用酷吏等,也使罪吏有恃无恐,屡复屡犯,造成复叙的轻滥。复叙无定法又在一定程度上造成仕进制度的败坏,罪吏当复不得复、不当复而复的现象较为严重。

Abstract:

During the Han Dynasty, the abolition of corporal punishment, the introduction of fixedterm sentences, and the establishment of the recommendation and recruitment systems led to a situation where a significant number of officials who had been dismissed for offenses were subsequently reinstated. Particularly in critical areas such as military affairs, diplomacy, and the governance of troublesome commanderies, as demand for talent increased, relevant disgraced officials were not only directly appointed to important posts but might even be protected due to their abilities. These reinstated officials played major roles in the fierce conflicts between the Western Han and the Xiongnu. Conversely, when the demand for such talent decreased, rulers attached less importance to these individuals, even becoming wary of them, let alone reinstating them. This was one of the reasons for the Eastern Han’s ineffective management of the Qiang people. Since reinstatement during the Han Dynasty lacked standardized regulations and was virtually indistinguishable from regular career advancement, rulers at all levels, in pursuit of administrative achievements, repeatedly reinstated cruel officials and the like. This also emboldened disgraced officials, who would reoffend time and again after reinstatement, leading to the trivialization and abuse of the reinstatement process. The absence of fixed laws governing reinstatement also, to some extent, contributed to the corruption of the career advancement system. The phenomena of disgraced officials who should be reinstated not being reinstated, and those who should not be reinstated getting their posts back, became quite severe.