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秦汉时期并没有出现对“谋杀”的准确定义。根据西晋张斐的解释,谋杀是二人以上共同故意杀人、是一种必要共犯。根据唐律的解释,谋杀不再是必要共犯,谋杀也可以是单独犯罪。但是,在唐代,谋杀与另外一种重要的杀人类型故杀并没有明确的界限,因此,谋杀的概念并不明确。明清时期,谋杀在概念上与故杀区分开来、从而谋杀这一概念本身也得到了明确的界定。
Qin and Han Dynasties did not appear on the “murder” accurate definition. According to the explanation by Zhang Fei of the Western Jin Dynasty, the murder is the joint intentional murder of two or more people and is an indispensable accomplice. According to Tang’s interpretation, murder is no longer a necessary accomplice and murder can be a separate crime. However, in the Tang Dynasty, there was no clear boundary between murder and killing of another important type of murder. Therefore, the concept of murder was not clear. In the Ming and Qing Dynasties, the concept of murder was separated from the concept of murder so that the concept of murder itself was clearly defined.