秦的十干令篇

Research on the Heavenly Stems in the Legal Codes of the Qin Dynasty

秦令之篇次以「十干」為序，未曾見以「十二支」為名者，昔日呼為「干支令」，實應改稱為「十干令」。但十干只作為令集篇次之標示，並不存在以「十干」為名之令集。甲骨文所見十干意指第一、第二之次序意義，秦時的令集篇次續用此原始義，當令集中的令條數量超出單篇的容納量，或有分篇之需求時，便以「（第）甲」、「（第）乙」為篇次，其中「第」字常省略不寫。秦時令篇中的條文以一、二、三……之序號為次，推測原先是以令條生效時間的先後作為排序原則，但後續在令集內可能出現滾動調整的機會，這種現象也發生在篇次的順序上，這些調整反應出條文的序號及篇次，一直處在持續的整理狀態中。秦時的令條序號、篇次及令集名稱，都是由官方編定，雖然目前無法說明編定的單位為何，但透過年度的律令校讎制度，縣級轄下單位至少每年必須校讎一次，而序號、篇次與令集名稱都包括在內。《嶽麓書院藏秦簡》所見在不同令集名稱中出現相同或相近的條文，這應與令條的「當用者」是哪些單位有密切的關係。本文利用傳統文獻及甲骨文、青銅器銘文、簡牘資料，擴大史料範圍，拉長時間縱度，從甲骨文所見十干之應用說起，解釋秦漢令篇使用十干排序的歷史背景，另因近年新資料――《嶽麓書院藏秦簡》的陸續公佈，可對十干令篇的問題進行深入而細緻的討論。

The order of the laws and decrees of the Qin Dynasty is based on the“Heavenly Stems,”and there has never been a naming convention based on the“Twelve Branches.”Previously, it was referred to as the“Stems and Branches Decree,”but it should actually be renamed the“Ten Stems Decree.”However, the Ten Stems are merely a designation for the order of the collection of decrees and do not exist as a decree collection named after the“Ten Stems.”In oracle bone inscriptions, the Ten Stems indicate the first and second in terms of order, and the order of laws during the Qin Dynasty continued to use this original meaning. When the number of articles in a decree collection exceeds the capacity of a single document or when there is a need for division into sections, the designations“jiǎ”（甲）and“yǐ”（乙）are used for the order of the sections. In the legal texts of the Qin Dynasty, the articles are numbered sequentially as one, two, three, and so on, which suggests that the original principle of ordering was based on the chronological effectiveness of the laws. However, there may have been opportunities for rolling adjustments within the collection of laws, and this phenomenon also occurred in the order of the chapters. These adjustments reflect that the numbering of articles and the order of chapters have been in a continuous state of organization. The numbering of articles, chapter order, and the names of the law collections during the Qin Dynasty were all officially determined. Although it is currently unclear which unit was responsible for this compilation, through the annual system of legal verification, units below the county level were required to verify at least once a year, which included the numbering, chapter order, and names of the law collections. In recent years, the emergence of new materials has revealed instances where different law collections contain the same or similar articles, which should be closely related to who used the laws. This article utilizes traditional literature, oracle bone inscriptions, bronze inscriptions, and bamboo slip data to expand the scope of historical materials and extend the temporal dimension. It begins with the application of the ten stems as seen in oracle bone inscriptions and explains the historical background of the use of the ten stems in the legal texts of the Qin and Han dynasties. Additionally, due to the recent publication of new materials, it allows for an in-depth and detailed discussion of the issues related to the ten stems in legal texts.