《奏讞書•獄簿》案例分析

《奏讞書•獄簿》為秦始皇二十七(220BC)，蒼梧郡蒼梧縣利鄉發生叛變，為了消弭這場民變，中央遂指派已統治五十七年，且鄰近利鄉的南郡攸縣前往平叛。由於攸縣的令史義事先並未偵視敵情，導致徵召的新黔首，根本不敵叛民，仍需回攸縣再召集兩撥新黔首以應敵。帶領新黔首平叛的令史義，不幸在平叛役中陣亡，其餘的吏卒見勢，只得驚嚇的各自奔逃；前兩批的新黔首因無人統領，也只能攜帶器械而潛逃山林。攸縣縣令庫了解案情後，以為新黔首敗北逃亡，全是令史義等之過，故除了不忍依法將敗北的新黔首論處死罪外，也未將逃亡的新黔首緝捕歸案。攸縣縣令庫甚至上書，請求准允新黔首減刑為「奪爵戍邊」，這項違反秦時司法程式及執法原則的行徑，引起了御史的關注，而行文予南郡，要求審理此案。顯然此案所要審理的，除了應論罪的敗北新黔首外，最主要的還是不依法執法的攸縣縣令庫。此案最引發爭議者，莫過於御史何以要行文給南郡？及南郡所論攸縣縣令庫觸犯「縱囚」罪，其論處的依據何在？此外，秦始皇才剛一統天下，利鄉便出現叛民，顯示秦對新地域的統治實已發生困境。然新地域的統治困境何以會形成？〈嶽麓書院所藏秦簡〉之若干統治新黔首簡文，或可做為補充史料的重要文獻參考。

關鍵字

奏識書；南郡；蒼梧郡；奪爵戍邊；縱囚；新黔首

並列摘要

The ”Yubu” in Zouyanshu was written in 220 b.c. due to a rebellion that took place in a small town in Cangwu prefecture. In order to suppress the uprising, the imperial government dispatched officials from You county (in the South prefecture), which had been under its rule for 57 years. Yet, the clerk of the prefect, named Yi, in You county didn't first scout out the enemy forces, and as a result those he recruited were sympathetic to the rebels. Thus, he had to go back to You county twice to recruit enough ”new citizens” to combat the rebels. Unfortunately, Yi was killed in the fighting. So, when the government troops saw conditions weren’t favorable for them, they left in a fright. The two groups of new citizens were left without any leaders, and thereupon took their weapons and fled into the mountains and forests. When the You county magistrate learned of this incident, he concluded that Yi and the other officials were responsible for these new citizens fleeing. As such, he didn’t carry out the death penalty on these people, neither did he go and apprehend them. Instead, the You county magistrate, named Tui, sent a memorial requesting permission to alter the sentence of these ”new citizens” to that of ”striping them of nobility and sending them to the frontier for military service.” This was in direct violation of Qin civil law procedure, and as such caught the attention of the imperial censor, who sent an official decree to the South prefecture demanding they adjudicate this case. Clearly this case was less about the crime of these defeated troops and more about Tui who broke civil procedure. The most controversial aspect of the case was why the imperial censor would request the South prefecture to resolve the matter. Also, when Tui was found guilty of ”releasing prisoners” what was the legal basis? The First Emperor of Qin had just unified China. The people of Li's rebellion shows that Qin was experiencing some difficulties in ruling these new territories. What caused these difficulties? The bamboo slips regarding new citizens in the Qin Bamboo Slips at Yuelu Academy can be used to provide answers.