唐以前盗罪之变迁研究
朱腾唐以前盗罪之变迁研究
Evolution of the Crime of Theft before the Tang Dynasty
期刊名称：《法学研究》
期刊年份：
作者：朱腾
单位：
中文关键词：盗罪;计赃定罪;与盗同法;群盗;取非其物
英文关键词：the crime of theft; punishment according to the worth of the stolen goods; punishment as the crime of theft; group theft; taking things not belonging to oneself
中文摘要：
尽管名称不一，但盗罪无疑是古今刑事法律均极为关注的罪名，今人也习惯于以财产性犯罪来理解传统中国的盗罪。然而，在中国文字初创之时，“盗”其实是泛指“不正”“不当”之义的词汇；至战国时代，才被相对明确地用来指称侵犯财产的行为，但其“不正”“不当”之义也并未完全消失。此种日常语义的多层次性也影响到战国秦至汉代的法律对盗罪的设计，使盗罪一方面以非法取财为主旨，另一方面又保留着超越财产性犯罪之概念限定的可能，从而表现出一定的含义复杂性。至魏晋南北朝，立法者们虽试图对盗罪予以分化或净化，但由于“盗”字的日常语义依然具有多层次性，作为法律术语之盗罪的含义复杂性也无法彻底改变并最终遗留在唐律之中。
英文摘要：
Although called by different names, theft has always been an important crime in ancient and modern criminal laws. In modern times, people are accustomed to understanding the crime of theft (dao 盗) in traditional Chinese law as property crime. However, when the Chinese characters were invented, the word "dao" generally meant "unjust" or "wrong". It was not until the Warring State Period that dao became a word more clearly referring to an act of property infringement, but even then its meaning of "unjust" or "wrong" didn't completely disappear. This diversity of the ordinary meaning of dao influenced the design of the crime of theft in the laws from Qin in the Warring State Period to the Han Dynasty. As a result, there was a certain degree of complexity in the meaning of dao. On one hand, it mainly referred the illegal acquisition of property, while on the other hand, it retained the possibility of transcending the conception of property crime. In the Wei, Jin, Southern and Northern Dynasties, although legislators tried to differentiate or purify the crime of theft, the ordinary meaning of the word "dao" still had multiple levels, and the complexity of the meaning of the crime of theft as a legal term could not be completely changed and ultimately preserved in the laws of the Tang Dynasty.
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