提 要：髡、耐、完是秦汉时期的刑名，但是关于其适用对象、刑罚如何执行以及三者之间的关系问题，近百年来的法律史研究中始终存在争议。本文以秦汉时期的传世文献与出土文献为研究文本，提出髡、耐、完三个刑名之间的区别。髡刑从其产生至秦汉时期完成了从劳役刑到劳役附加刑的转变，耐刑在量刑轻重上与耐为隶臣妾相当，“完”字本身意为保留身体的完整，有时也作“完为城旦舂”的省略语。东汉以后髡、耐、完刑发生了重大变化，成为劳役刑的通称，至隋以后为徒刑所取代。

关键词：秦汉 髡刑 耐刑 完刑 城旦舂

Title: A Study on the Punishments of Kun, Nai, and Wan in Qin and Han Dynasties

Author:Lian Hong, Ph.D. Candidate, School of History and Culture, Northeast Normal University, Changchun, Jilin, 130024, China.

Abstract:Kun, Nai and Wan were the names of punishments in Qin and Han dynasties. But the issues of their applicable subject, how to execute the punishments and the relationships among them are controversial on the history of law in the past centuries. This article researches excavated and inherited documents, and analyses the differences among the three punishments. Kun developed from labor punishment to the additional punishment of labor from its origin to Qin and Han dynasties. Nai was

equivalent to Nai added to Lichenqie. Wan meant reserving the integrity of body from the literal sense, but sometimes it was the abbreviation of “Wan added to Chengdanchong”. Kun, Nai and Wan changed from the Eastern Han dynasty, and it became the joint name of labor punishment. They were replaced by imprisonment from Sui dynasty.

Key words:Qin and Han dynasties Kun Nai Wan Chengdanchong