【摘要】 关于汉代适用刑罚的情况 ,史籍仅有零星的记载 ,张家山汉简《二年律令》、《奏谳书》所见则较系统地反映了汉初适用刑罚的若干原则 :以罪刑相应、维护特权为基础 ,实行故意从重、过失从轻、严惩团伙、重判再犯、从严治吏、宽宥老幼、自出减刑、立功赎罪、诬告反坐、故纵同罪、重科不孝等原则。罪刑相应、维护特权的原则具有鲜明的阶级性与可衡量性 ,其中既包含罪刑法定的因素 ,依法律条款定罪 ,注重犯罪动机、犯罪形态及危害结果 ,严格区分已遂与未遂 ;又存在收孥连坐、维护特权的规定 ,表明其罪刑相应只是相对、不彻底的。维护特权主要表现在贵族、官员、有爵者可在一定条件下减、免刑罚更多还原

【Abstract】 With respect to the applicable penal law in the Han dynasty, there are only fragmentary records in the history books. What is found out from the bamboo slips of Han dynasty unearthed in Zhangjia Hill better systemically reflects some principles for applicable penal laws in the early stage of Han dynasty, they are: based on crime and punishment corresponding to each other and sticking up exclusive right, carrying out:severity to him who breaks the law willfully and leniency to him who breaks the law by mistake;severely punishing the gang of criminal; seriously sentencing him that again commits crime; managing officials as server as possible ; forgiving the old and the young ; the suspect who confesses his crime will be extenuated of punishment ;the suspect who performs meritorious service will be atoned for his crimes; sentencing the accuser that makes false accusations; sentencing the man who willfully frees the criminals as he commits the same crime; severely punishing the man who is not filial to his parents.更多还原