東漢洛陽南郊刑徒墓的性質與法律依據──從《明鈔本天聖令‧獄官令》所附一則唐令說起

The Original Purpose and Legal Foundation for the Eastern Han Criminal Cemetery Unearthed in the Southern Suburb of Luoyang: A Study Starting with a Tang Statute Appended to the Ming Dynasty Manuscripts of the Tiansheng Prison Officer Statutes

一九六四年在河南洛陽城南郊發掘的東漢刑徒墓地的性質一般認為是刑徒埋葬墓地。本文利用新發表的《明鈔本天聖令‧獄官令》所附一則唐令，對比墓地情況與墓志磚，認為該墓地屬於官府為亡故刑徒設置的臨時性寄葬墓地，本意是希望死者家人得知消息後再將屍體遷回故里，但或囿於觀念，或限於財力，多數並未遷葬。墓地分為多個墓區，各區之間應隔以南北向道路。區內墓坑東西成排，南北兩排間或為墓土堆成的土壟，或為小路，兩者平行相間分佈。通過考察墓地存在的時間，漢代官府安置死者的辦法，比較前後律令，推測東漢光武帝中晚期至明帝時形成了安置身故刑徒的律令條文，並為後代所繼承。東漢洛陽刑徒寄葬墓地儘管葬制簡陋，但較之秦與西漢的類似墓葬已見改善，其設置應當放在朝廷撫恤措施，乃至德政的脈絡下去認識。

The Eastern Han criminal cemetery discovered in the southern suburb of Luoyang, Henan province in 1964 is generally regarded as a burial ground for deceased criminals. By comparing the layout of the cemetery and unearthed epitaphs with a Tang statute appended to the recently published Ming Dynasty Manuscripts of the Tiansheng Prison Officer Statutes, this paper seeks to demonstrate that the Luoyang cemetery was actually designed by the government as a temporary resting place for deceased criminals, in the hope that the relatives of the dead would transfer corpses back to home graves after learning of the deaths of their family members. Most remains, however, were never removed, due either to conflicting values and ideas or poverty. The cemetery is divided into several sections, which are separated by paths running north to south. Within each section, tombs are arranged from east to west, and ridges and walkways are alternately located between every two rows of tombs. This article analyzes the date the cemetery was in active use from tomb epitaphs, investigates Han government methods of burying the dead, and compares legal codes from different periods, drawing the final conclusion that the legal regulation on how to bury the deceased criminals in the Luoyang cemetery was shaped during the later period of Emperor Guangwu's reign or during the reign of Emperor Ming (both emperors in the Eastern Han dynasty), and then inherited in succeeding dynasties. Although it is simple and crude in design, the Eastern Han Luoyang criminal cemetery represents an improvement over similar cemeteries developed in the Qin and Western Han dynasties, and should be understood against the backdrop of the Confucian and beneficent policies employed by the government during the Eastern Han.