議/請/減/贖？官當의 기원과 변화

Abstract

This article focus on officials' legal privilege in ancient china. In ancient china, Officials will be able to substitute his crime with his government office. The government office in ancient china are two types. The first type is jue(爵). Jue((爵)) was mainly used in Zhou(周) dynasty. The second type is offices(官). Offices(官) was mainly used in the Period of Disunion after. Two types were used together in the Warring States period and chin, Han dynasty. First, Jue((爵)) was mainly used in Zhou(周) dynasty. The jue system is divided into gong(公), hou(侯), bo(伯), zi(子), nan(男) [the outer five ranks] and qing(卿), dafu(大夫), shi(士)[the inner peerage] during Zhou period. Therefore, the officials' legal privilege was decided with his jue(爵). The peerage system of Qin during the Warring State Period was not a new peerage system based on military merits. Instead, it was the interim phenomenon where bureaucratic system was replacing the previous system of qing(卿), dafu(大夫), shi(士). The Qin used old peerages with little significance as rewards, on the other hand, establishing direct administrative system and bureaucracy. Until the Han dynasty, this phenomenon was continued. The jue(爵) and offices(官) was used together in this times. Therefore, the officials' legal privilege was decided with his jue(爵) and his offices(官). It approaches in the Period of Disunion, bureaucratic system was replacing the jue system. Therefore, the officials' legal privilege was mainly decided with his offices(官). Especially, it approaches in the North Wei(北魏) dynasty, it was established that is visible in Tanglushuyi(唐律疏議).