秦始皇“焚书坑儒”是尽人皆知的历史事件 ,一般都认为“坑儒”就是活埋儒生。不少当代的学者也认为“坑”是活埋 ①,尤其是很多中国法制史的书籍、教材将“坑”作为秦代的一种刑罚制度 ,认为是一种将人活埋的酷刑 ②。但是仔细检视史籍记载 ,可以发现“坑”并非秦朝所独有 ,也 Qin Shihuang “burning books Confucianism” is a well-known historical event, generally considered “pit Confucianism” is living Confucianism. Many contemporary scholars also think that “pit” is a book buried alive, especially in many Chinese legal history books. The teaching materials regard “pit” as a penalty system in the Qin Dynasty as a kind of torture that buries people alive. However, a careful examination of historical records shows that the “pit” is not unique to the Qin Dynasty