从《二年律令》看汉律对渎职罪的处罚

《二年律令》严厉打击失职行为和渎职犯罪。小至使用驿传不当化公为私、监管偷税漏税失察，大到把守关卡不严、打击“强盗”不力等等。因行贿受贿而徇私枉法、“鞫狱故不直”、“故纵弗刑”、狱吏殴打刑徒致死等司法失职渎职行为，受到汉律的特别关注。对于失职渎职的处罚，有罚金、徒刑直至死刑，轻重的依据是情节、性质和后果的不同。对于勾结诸侯、司法渎职等犯罪行为，汉律处罚起来特别严厉，“弃市”、“腰斩”、灭族等残酷刑种在《二年律令》中都出现了。汉律所惩治的渎职行为涵盖了社会公务的方方面面，表达出汉初统治者对吏治状况的焦虑和整顿吏治的决心，体现了汉王朝为建立二个高效廉洁政府所做的努力。

Punishment on Malfeasance According to The Second Year's Laws and Decrees of Han Dynasty

Strong measures were taken against dereliction of duty and malfeasance according to the Second Year's Laws and Decrees.From taking public interests as one's own,failing to do one's best in supervising the crime of evading taxes,to being slack in guarding pass strictly and cracking down on pirates,all were included in the scope of punishment.Offering and accepting bribes to pervert the law,deciding cases unjustly on purpose,conniving at criminals instead of punishing them properly and the officials' torturing prisoners to death were all paid special attention to.As to the punishment on malfeasance,there were fine,imprisonment and even death penalty,and the degree of seriousness were judged in the light of the different situation,nature and consequence of the cases.As for colluding with the dukes or princes and crime of malfeasance in office,the Law and Decree of Han Dynasty offered extremely severe punishment including killing the criminal at downtown area and discarding his dead body in street for show,cutting the criminal in half from his waist and killing his family as well and other cruel corporal punishment.The Second Year's Laws and Decrees reflected the complicated social reality in early Western Han Dynasty.The scope of punishment on this kind of guilt covered all the fields of public affairs,which showed the governors' anxiety about the officials' work and their determination to rectify it and also the great efforts the Han Dynasty took in order to establish an honest and clean government.