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自《岳麓书院藏秦简(叁)》2013年6月出版发行以来,该书所载的十五个奏谳文书引起了历史学界、法律学界的广泛关注。其中第六个文书所载《暨过误失坐官案》,主要讲述了江陵县官员暨因为不满上级对自己的惩罚,提出上诉,经审讯减轻了惩罚的案件。本文试图从秦律条文出发,对官员暨受到不同判决的依据进行分析,反映了人的主观意愿在秦代法律判决中所占的重要地位,同时也揭示了由秦到汉,“严刑峻罚”逐渐动摇的趋势。
Since the publication of Yuezhai Academy of Classical Learning (3) in June, 2013, the fifteen instruments played by the book have caused widespread concern in the history and law fields. Among them, the “sixth case of cum mistakes in the case of wrongdoing” mainly described Jiangling County officials and their complaints because of their dissatisfaction with their superiors, appealed and tried to ease the punishment. This article tries to analyze the basis of the law of Qin Dynasty and analyze the basis of the officials and the different judgments, which reflects the important status of subjective will of the people in the legal judgment of the Qin Dynasty and reveals the severe punishment from Qin to Han Dynasty Penalty "gradually shaken the trend.