告、劾是秦汉时期起诉的基本形式,二者在文献中有时连用,但存在多方面差异。从行为主体与适用对象来看,告的适用范围更为宽泛,民对民、民对官、官对民、官对官的起诉皆可称告,而劾的提出者往往是官吏,被劾对象多数是官,也可以是民,不能简单以“自诉”“公诉”来区分二者。告出现较早,劾制应是战国时代随着官僚制、成文法的出现以及公私观念的发展而产生的,并成为官吏诉讼的专门用语。在形式与内容上,告既有书面形式,又可采用口头形式;既涉及刑狱案件,也可以是民事诉讼。劾所涉案件一般为罪的范畴,不用于民事,且多为书面形式,“章”与“奏”均可用于举劾,出土文献所见的劾文书也存在地域差异。在管辖与受理方面,告的接受可下至乡,由乡啬夫受理并上报县廷审理,告可越诉,吏民诣阙上书、上变告等都可直达皇帝。劾的受理最低在县级司法机构,通常是逐级管辖的,并不越诉。 The report was a basic form of indictment during the Qin and Han Dynasties. Both were sometimes used in the literature, but there were many differences. Judging from the subject of action and the object of application, the scope of application of the report is more extensive. The prosecution of people to the people, the people to the people, the officials to the people, and the officials to the government can be sued, and the authors of the texts are often officials, Most objects are officials, but also can be civilians. They can not distinguish between the two simply by “private prosecution”. The report came earlier and the system of imperialism should be born in the Warring States Period with the advent of bureaucracy and written law as well as the development of public and private opinions, and became the special term for official proceedings. In terms of form and content, the report has both written form and verbal form; it can be both a criminal case and a civil lawsuit. The cases involved are generally in the category of sin and not used in civil matters and are mostly in written form. Both “chapter” and “” can be used for enactment. There are also geographical differences in the documents found in unearthed documents. In terms of jurisdiction and admissibility, the acceptance of the report may go down to the township, which is accepted by the township office and reported to the county court for trial. The more it can be prosecuted, the more civil servants may register, the more notice will be available to the emperor. The lowest level of acceptance in the county-level judiciary, usually level-by-level jurisdiction, and not v. V.