摘要
籍没法是辽代法律中的一项重要制度,在司法实践中占有重要地位。它的适用范围虽然较广,但主要则是谋反、谋叛、谋害重臣等所谓“反逆”之罪。籍没对象不但包括家产奴婢,也包括家属亲属。被籍没者多成为帝王、群臣、将校的私人奴婢,其中斡鲁朵及皇室近侍杂役使用的籍没奴隶最多。为加强管理,籍没奴隶中也设官分职,其管理机构为著帐郎君院和著帐户司。辽代籍没法的上述内容,均表现出了契丹民族所建王朝的民族特色。
The Law of Registration and Confiscation of Criminal' s Property was an important system in the Liao Dynasty's Laws and occupied an imp ortant position in the judicial practice. Although the law's applicable range wa s quite extensive, yet the law was applicable mainly for punishing criminals com mitting the crimes such as conspiring against the royal government, plotting a r ebelion or to murder important ministers or high-ranking officials and other “rebelling” crimes. The objects of confiscation not only included family prop erty, slaves and servant-girls, but also included the criminal's family memb ers and kinsfolk. Most of the confiscated people became the private slaves and s ervant-girls of the emperor, ministers, generals or other officials; among the confiscated slaves, those used by woluduo, as well as the imperial family's att endants and servants to do odd jobs occupied a quite large proportion. In order to strengthen the management, posts and officials were also established among th e confiscated slaves, the administrative setup was the registration offices of Zhu-zhang-lang-jun-yuan and Zhu-zhang-hu-si. The above-mentioned content of the L iao Dynasty's Law of Registration and Confiscation of the Criminals' Property al l manifested the ethnic characteristics of the dynasty established by the Qidan ethnic group.
出处
《民族研究》
CSSCI
北大核心
2001年第2期60-67,共8页
Ethno-National Studies