漢代 刑制改革과 贖刑ㆍ罰金刑의 변화

Abstract

The content of this article can be summarized as follows: First, in the case of fines during the Qin-Han period, there is a high likelihood that the three-tier system of [貲1盾] - [貲1甲] - [貲2甲] was directly inherited and transformed into the [罰金1兩] - [罰金2兩] - [罰金4兩] system. Regarding retribution (贖刑), during the transition from the Qin to the Han Dynasty, it is highly likely that the grades and amounts of retribution money (贖錢) were adjusted. Second, among various penalty names included in retribution (贖刑), 贖耐 and 贖黥 appear to have evolved from characteristics of alternative penalties to those of primary punishments since the Qin period. In particular, 贖耐刑 was a unique form of retribution that was almost perfectly characterized as a primary punishment during the Qin-Han period. However, other retribution penalties such as 贖死, 贖城旦舂, 贖宮, and 贖遷 retained stronger characteristics of alternative penalties rather than primary punishments until the middle of the Western Han Dynasty. Third, after the legal reform initiated during the reign of Emperor Wen of the Western Han Dynasty, the amounts of retribution money (贖錢) were recorded in the format of “罰金~兩,” which might give the impression that retribution and fines were integrated. However, this format arose due to the abolition of corporal punishment and the introduction of penal servitude, making it difficult to use retribution names as they were. The distinction between retribution and fines continued to exist even until the Wei-Jin period. Fourth, after the legal reform, it is likely that the daily wage standards for penal servitude to replace the repayment of fines and retribution money (贖錢) had to change. Generally, it is believed that the penal servitude equivalent to the 贖耐 penalty of 罰金12兩 was kept within one year, calculated based on a daily wage of 22~25 coins, in order to maintain a balance of penalties in the overall legal system.