作者：朱腾
作者介绍：中国人民大学法学院副教授，法学博士
出版日期：2017年8月9日
内容提要 一直以来,法律史学界在论及胥吏问题时往往集中于清代,最早则追溯至魏晋南北朝。然而,从近年来出土的简牍文献的记载来看,秦县衙中的少吏们承担着大量的行政工作,朝廷却以财政平衡及理政思路之故无法在薪俸和晋升条件上为他们提供良好的待遇,他们遂凭借其行政技能背公谋私。尽管朝廷试图通过法与德来约束少吏们,但其职场前景的黯淡终究令朝廷的努力在一定程度上归于失败。由是观之,因为传统中国政府中的胥吏具有地位低、实权大、恶评多等整体特征,所以与之相似的秦少吏阶层的出现意味着胥吏文化的初步形成,集权体制下的行政实况亦可借此予以再思考。
关键词 简牍 少吏 胥吏
Abstract: The issue of officials at lower levels discussed in the academic field of legal history mostly focuses on the Qing Dynasty, which can be traced back to the Wei, Jin, Northern and Southern dynasties. However, in accordance with the record of unearthed bamboo and wooden slips in recent years, the officials at lower levels in the county court of Qin Dynasty overtook a large number of administrative work. Since the imperial court could not give them good treatment in the salary and promotion because of the financial balance and political idea, they disobeyed the public morality and seek personal gains by administrative techniques. Although the imperial court attempted to restrict them by law and morality, their gloomy career prospects finally made the endeavor of imperial court fail to some extent. Therefore, as the characteristics of officials at lower levels in the traditional Chinese government were low status, holding great real power, having bad names, etc., the appearance of the class of officials in Qin Dynasty, which had similar characteristics, meant the preliminary formation of the culture of officials at lower levels. Thus, the real condition of administration under the regime of centralism could also be reconsidered.