明太祖《癉惡錄》的史料價值及書中呈現的明代法制弊病

本文以前人罕有採用的明太祖朱元璋御撰教化書《癉惡錄》作為主要史料，探討洪武中後期的法制弊端。除了梳理有關《癉惡錄》的版本及流傳情況，討論此書對了解明初法制及社會的史料價值外，也從明太祖的視角分析此書序文與後序提及的法制問題，指出太祖有意無視獄政及徒流處分管理糜爛，以加強對臣民犯法的恐嚇。接著，再集中討論是書撻伐中低級貪污官員犯案的「累惡不悛」篇，尤其注意在中樞官署處理軍政及司法事務的官員，他們本身貪贓枉法的罪行。明太祖既於洪武十八至二十年間頒行了三篇《大誥》，《癉惡錄》的案件令他了解社會對重典的反應，亦讓這位猛烈求治的君主在列舉臣民惡行的同時，也反思刑殺的教化效果，以及法制應向輕重得宜的「中典」發展。

關鍵字

《癉惡錄》；《大誥》；貪汙官員；明代法制；明太祖

並列摘要

This article focuses on a selection of early Ming legal cases as presented in the 1390 publication Dan'e lu (A Record of Condemning Evil), an educational transformation text written by the first Ming Emperor, Zhu Yuanzhang (1368-1398). This rare book has yet to receive an extended analysis and for this reason the article opens with a discussion of the Dan'e lu's publication history and argues that in its reflection of how the early Ming judiciary system operated this work is of historical value. In light of the preface, postface, as well as the legal cases against officials in the section entitled "Corrupt Acts of the Unrepentant," the remaining sections of this article investigate various serious offenses committed by officials from the military and judicial administrations post-1385. Zhu Yuanzhang deliberately overlooked prison mismanagement and other corrupt official practices because he saw it as a means to deter the general population from breaking the law. By investigating the complicated interactions between Zhu and his central officials in the judicial arena as outlined in the Dan'e lu's cases, this article argues that these legal cases allowed Zhu to gauge social reaction to the cruel punishments implemented in the 1385 Great Announcement (Dagao), while at the same time he enumerated societal wrong-doing, and reflected on the fact that his injunctions had little effect on corrupt officials, thus revealing the limitations of his attempt to reform society through heavy-handed legal measures.