秦代的告诉制度

秦代的告诉制度在种类上可分为公室告和非公室告,自告与告发,以及州告等。秦自商鞅变法以后确立了奖励告奸制度,告奸者与斩敌同赏,官吏周围的人告发官吏,官吏因此受到处罚的,告发之人可承袭原官吏的官爵、田禄。错误告诉的,根据错告之人的主观心理状态可把错告分为故意错告和过失错告;故意错告为“诬人”,应受刑罚处罚;过失错告为“告不审”,依法从轻处罚或免于处罚。

The Charge System of Qin Dynasty

The charge system of Qin Dynasty can be divided into the government charge and the non - government charge, voluntarily surrender oneself and accuse, repeating accuse, etc. After the law reform of Shang Yang,Qin established the system that encouraged people to accuse other person's wrong doing, the accuser can get the same reward as that a soldier killed an enemy, the people that worked with his or their officials accused his or their officials, and his or their officials were punished, so that he can get the official' s position and the same right the official can get. According to the psychological state of the accuser,the wrong accuse can be divided into the purposed wrong accuse and negligent accuse. The purposed accuse was called "malicious accuse",the accuser should be punished; the negligent accuse was called "not cautious ac-cuse" , the accuser wouldn't be punished or be lightly punished.