三府分立──從新出秦簡論秦代郡制

Division of Power: An Analysis of the Qin Commandery System (jun) Based on the Bamboo Slips

本文根據里耶及岳麓秦簡指出，秦代郡守獨攬財政權，郡尉獨攬人事權，郡監御史獨攬律令、地圖等特殊資訊的傳播權，秦郡守府、尉府、監府分別獨佔了其餘二府無法染指的重要權力，三府皆在郡之行政運作上扮演了不可或缺的一角，故可維持三府分立的鼎足之局。而秦郡之司法權由郡守與郡監御史分割（郡守負責讞獄、郡監御史負責舉劾），郡之日常軍事權由郡守與郡尉分割（郡守管理兵器、郡尉管理戍卒），戰時三府包括監府皆可帶兵作戰，在在體現了秦郡三府監察相司的行政精神。正因如此，秦郡屬縣須向郡守、郡尉甚至中央的內史上計，其上級長官不只一人，而單一郡府亦無法專權獨斷，全面控制屬縣。過去嚴耕望主張秦漢地方政制為「長官元首制」，根據新出秦簡，秦代地方政制並未採行長官元首制，漢郡的長官元首制是從秦郡三府分立之制變革而來。整體而言，秦郡沒有單一獨大的長官，郡守、郡尉、郡監御史都是秦郡長官。秦郡行政的特色為守府、尉府、監府各自擁權、相互制衡，屬縣不僅要面對三位各自獨立的郡長吏，部分事務更須直接面對中央政府。秦代中央政府對地方不僅層層監察，同一行政科層之間亦加以分割，不使任何一個官吏、官署獨攬大權。這樣的秦代郡制反映了「法家式地方行政」的理念，與西漢郡守專權的地方行政理念迥異。

According to the Liye and Yuelu bamboo slips, there was a division of power at the local commandery (jun) level in the Qin dynasty, as junshou had the authority over financial issues, junwei had the authority over personnel appointments, and junjianyushi had the authority over the circulation of laws and maps. These three government departments (fu) operated independently of each other since each of them had unique power over specific affairs. Moreover, as the authority over judicial affairs was shared by both junshou and junjianyushi and the authority over military affairs was shared by both junshou and junwei, the commandery system of Qin embodied the spirit of mutual check and balance. In other words, junshou did not have full and sole control over the commandery as well as the affiliated counties. This finding overthrows the claim made by Yan Geng-Wang (1916-1996), who argued that in the Qin and Han dynasties, each commandery had a single chief executive in charge of all affairs. According to the recently unearthed bamboo slips, the Qin commanderies did not have a single chief executive in charge of all affairs, and instead had three independent and yet also mutually supervised departments. This design was intended to prevent any kind of power monopoly. Thus, the Qin commandery system reflected the philosophy of Legalism and was completely different from the Han administrative system.