《嶽麓書院藏秦簡（肆）》簡13-14子及奴婢亡後自出律文及其相關問題探討

A Discussion on Legal Texts and Related Issues Regarding Yuelu Academy’s Collection of Qin Bamboo Slips (Vol. 4, Slips 13-14) Voluntary Surrender after the Escape of Son or Servants

《嶽麓書院藏秦簡（肆）》收錄秦代《亡律》內容，其中簡13-14提及父母／人主告子／奴婢殺傷、毆詈、預謀殺害，而被告的子／奴婢逃亡後自首，若在法律定讞後自首，不得減罪的規定。這條律文雖收錄在《亡律》中，但其犯罪內容牽涉到傷害、謀殺與父母／人主對子／奴婢的控訴行為，故又見於《賊律》、《告律》中，是一條合併多罪名的法律條文。本文首先依秦漢律中的相關律文將此律文離析為告子與告奴婢二類，接著比較同類相關主題的異文，與檢視不同時期是否罪責有別，以及此類罪行在秦律中的相關規定，並討論告子與告奴婢兩者何以可歸併為同條律文書寫的理由。再者進一步討論簡文中出現的錯字與缺文，並依秦律歸併表述與多層並列結構的方式，將之解構分析，以呈現律文的多種設定條件，進而能正確理解律文。

The Yuelu Academy’s collection of Qin Bamboo Slips (Vol .4) included the content of the Qin Dynasty’s“Laws of Escape.”Among them, Strips 13-14 mentioned cases where parents/masters accused their son/slaves of causing harm, assault, and premeditated murder. If the accused son/slave surrendered after the legal verdict had been reached, there was to be no reduction in punishment according to the stipulation. Although this legal text was included in the“Laws of Escape,”its criminal content involved acts of injury, murder, and accusations by parents/masters against their son/slaves, thus it was also found in the“Laws of Theft”and the“Laws of Accusation.”It was a combined legal provision encompassing multiple charges.
In this article, the legal text was first dissected into two categories: accusing son and accusing slaves, based on relevant legal texts from the Qin and Han Dynasties. Variant texts on similar themes were compared, differences in culpability across different periods were examined, and the relevant provisions of such offenses in Qin laws were explored. The reasons behind the combination of accusing son and accusing slaves into the same legal text were also discussed. Furthermore, the errors and missing sections found in the text were thoroughly analyzed, taking into consideration the combination of legal provisions and the structure of multiple layers, as outlined in Qin laws. The primary objective of this analysis was to present the various conditional settings of the legal text, with the aim of facilitating a correct understanding of it.