汉代“复作”徒考辨

"复作"是汉代的一种刑徒。传统认为"复作"即女刑徒,或是"弛刑徒",都不能成立。根据汉简,可知男刑徒也被称为"复作",证明"复作"徒中也有男犯。"复作"徒虽然在不带刑具方面与弛刑徒相似,但在汉简中"复作"徒是吏民因犯罪所判处的一种刑徒,而不像弛刑徒是刑徒获大赦而除去刑具的结果。此外,在刑期、身份上,两者也有明显差异。"复作"徒实际是汉代刑徒中最轻的一等,并无性别特征,也不佩戴刑具,其刑期较短,要在徒官监督下服三月到一年的劳役。

Exploration on "Fuzuo" Imprisonment in the Han Dynasty

"Fuzuo" is an imprisonment in the Han Dynasty.The traditional view is untenable that Fuzuo is "woman crimial" or "Chixingtu".It has been proved that "Fuzuo" is not only applicable to woman crimial,but also to male ones,since male ones are called "Fuzuo" in the historical data."Fuzuo" is an imprisonment because of crime.While "Chixing" imprisonment is one which means that instrument of torture is removed because of remittal.In addition,there are differences in terms of imprisonment and the nature of forced labour between the two words.In fact,"Fuzuo" is the lightest imprisonment in the Han Dynasty.In other words,there is no sextual distinction,no torture instrument with a shorter term from 3 months to one year in imprisonment under the supervision of the prison officers.