河北法学2025，Vol.43Issue(1)：138-162,25.DOI:10.16494/j.cnki.1002-3933.2025.01.008
论清代纳赎的平等性:基于《读律佩觽》禁赎条款的实证研究
The Equality of Monetary Redemption in Qing Dynasty:An Empirical Analysis of the Bans in Du Lü Pei Xi
摘要
Abstract
Monetary redemption(shuxing)in Qing Dynasty have been questioned and marked as inequality and disparity as usual,but the subjective speculations and mismatched literatures play overwhelmingly vital role on the distortion.A few of scholars in recent years tried to discuss the equality of redemption in Qing Dynasty,nevertheless the legislative research on monetary redemption(nashu)remains vacuum.To reveal the equal mechanism of monetary redemption,this article explores the bans or incapable rules of redemption assorted in the quasi-law book Du Lü Pei Xi due to the simple but unclear rules in Ta Tsing Leu Lee.Research reveals the inexistence of dispirited monetary redemption because of wealthy,prerogative,and ethical difference,but the bans in regard to ten evils,abnormal sins,and so on pave the way to understand the patriarchal,good and disadvantaged generousness.The bans outlined the external and internal equality featured in the Confucius rules of etiquette and mercy of punishment.That is,crimes violated the patriarchy norms such as the young against the old,subordinator against superiority,women against husband were not able to be paid whether the outcome is serious or not;Any of the evils in regard to ten evils was not to be paid even if the slight crimes;the majority of subjects with the possibility to be paid via monetary redemption are the disadvantaged,while the advantaged were banned to be paid even if the rich and influential social status.Recognizing the equality of monetary redemption will not only help to restructure the quintessence of Chinese redemption but also refer to legislative reform of fine on contemporary society,in particular to offer the Chinses wisdom to solve the struggled fine worldwide.关键词
《读律佩觽》/赎刑/纳赎/罚金/十恶/中华礼法Key words
Du Lü Pei Xi/redemption penalty/monetary redemption/fine/ten evils/Chinese rules of etiquette分类
社会科学引用本文复制引用
刘任,熊谋林..论清代纳赎的平等性:基于《读律佩觽》禁赎条款的实证研究[J].河北法学,2025,43(1):138-162,25.基金项目
本文为教育部人文社会科学研究课题"中华赎刑原论"(22XJA820001)的阶段性成果. （22XJA820001）
