秦漢司法文書分類名稱簡論 -兼談“爰書”ㆍ“奏讞書”ㆍ“劾狀”之名

Abstract

More and more judicial documents were found in Qin and Han slips, which provides favorable conditions for deepening the understanding of judicial operation in Qin and Han Dynasties. At the same time, there is a need to comprehensively discuss the classification and names of judicial documents. Based on the definition of "documents" and the existing classification names, this paper holds that judicial documents in Qin and Han Dynasties should be classified and named according to the judicial procedure. At present, judicial documents speaking of Qin and Han Dynasties mostly enumerate “Yuanshu”, “Zouyanshu” and “Hezhuang”. This paper argues that although the three are closely related to judicial documents, they are not simply called the names of the types of judicial documents, and should be distinguished in practice.