| Today, in the process of enacting Chinese civil code, whether there was civil law in ancient China had widely-divided opinions and is unable to agree to. Civil law in the modern significance, sourcing from Western Europe, was the product of Western Europe from feudalism to capitalism. As to China, it is actually a exte÷let the fact become known all over the world.The Han Dynasty was the developing time of centralized state in our ancient times, political legal regime gradually consummating, Nine Chapters of Law compiling and formulating, so it has significant influence to the later times. The former academic circles to the Han Dynasty legal regime research shows much interest on criminal law and administrative law, but the research to the norms of civil law was still weak, needless to say Han Dynasty debt law. This article, based on the dimension of legal system history, utilizing correlation theories and the method of modern legal science, using reference from theories and achievements of multi-disciplinary research, carries on omni-directional discussions about norms of Han Dynasty's debt law.The debt law was one kind of important law which adjusts the relational of properties. Han Dynasty debt law had safeguarded the commodity exchange relations, maintained the social economic order, consolidated Han Dynasty politics rule;. At the same time, it had also established the foundation of Chinese ancient times' debt method, its affect extends through the entire ancient times. Presently, the debates about whether a complete civil code can be formulated is unceasingly as before, Law of Reality has just passed, we might foresee that law correlated with the creditor's rights will also appear in the phase of National People's Congress's legislation plan. Therefore, we study and analyze the Chinese ancient times' civil law and actually know how it affected ancient society, we might obtain beneficial enlightenment form it, draw lessons from the past, and makes useful of the past for the present. Therefore, inquires into debt law of Han Dynasty also has the important academic value and also has significant practical significance.This article is precisely based on the guiding ideology of history theory and combined historical materials with exposition, in line with the aim of making the past for the present and the realistic rigorous manner. First, neutrality of exposition and breakthrough of idea. This article breaks through the hedge of domestic educational argument about Whether there is civil law in ancient China, i. e, not attacking constantly the statement of the vacancy of civil law in ancient times, also not approving of the argument completely that the civil law in ancient China was developed very much, but maintaining neutrality of consciousness and value-free, with solid and detailed historical data to explained the question. The author holds that the argument in the Chinese academic circle, which appends Chinese ancient law by Western modern civil law, that is harmful, whether there is civil law in ancient China has disturbed the thorough inspection to the related law which adjusted the property in ancient times. We have to turn to the social reality of ancient times and concentrate the strength on research and analysis of historical data in the ancient times, only then can we attain comprehensive, objective and reliable conclusion about whether ancient China had civil law.Next, novelty of the materials and systematicness of the elaboration. The life of academic innovation lies in the establishment of new theory and the utilization of new materials. Mr. Chen Yinke once said that the unearthing and the utilizating of new materials will certainly overthrows and develops the original conclusion. This article has achieved full and accurately novel in the aspects of materials, from early Juyan Chinese Bamboo Slips, Dunhuang Chinese Bamboo Slips to newly-published Xuanquan Chinese Bamboo Slips, Zhangjiashan Chinese Bamboo Slips, all the Chinese Bamboo Slips which can be seen in the market. Moreover, for the first time, on the basis of massive use of the new materials of these unearthed slips of bamboos and woods, combined fully with literature handed down for generations, this article elaborates debt law of Han Dynasty systematically and thoroughly, from its engendering environment to its later influence to the next generation, that is comprehensive and detailed, systematic and penetrating. It can be said that the most striking characteristic of this article is full and accurate novel in material, detailed and systematic in elaboration.Finally, Objectivity of conclusions and originality of opinions. This article will not easily draw conclusions absurdly during its elaboration, but expound the question by rich objective historical data, truly draw conclusions through. Historical materials. In addition, the academic novelty of this article has its. own Originality, such as the engendering environment of Han Dynasty debt law, whether individuals in Han Dynasty has the civil main body; the standards of the civil qualification, the form of debt guaranty, the important conditions of effective contract, the establishing conditions of damage compensate, the women's participation in the economic activities, the initiativly positive intervention of government authorities gave to the debt, the development of Han Dynasty debt law to the pre-qin, the influence of Han Dynasty debt law on Jin-Tang, the appearing time of the contract agreement, the original of tax system. It is nessery to emphasize that these original opinions, are all based on full and accurate novel historical data.This article in structure is composed by an introductory remarks, the engendering environment of debt law, the introduction todebt law, contract, damage compensate, the characteristics of debt law, the historical standing of Han Dynasty debt law and the conclusion, altogether eight parts.Part One, the introductory remarks fisrt introduces the background of selected topic, looking back to the research history of debt law of Han Dynasty, detailedly introducing to the unearth and the reorganization situation of the slips of bamboos and woods and so on which related to debt. law of Han, with a narration to domestic and foreign academic achievement, points out that at present there are many achivements of writing textual research and classification research to the slips of bamboos and woods of Han Dynasty, but the research results of explainations of how laws of Han Dynasty adjusted economic life with the slips of bamboos and woods of Han Dynasty are few, in particular the wholly thorough research to debt law of Han Dynasty leaves blank.The first chapter inspects the engendering environment of debt law of Han Dynasty, analyzing it from such aspects as economy, politics, thought and so on. Taking the small peasant economy primarily, the small commodity economy as auxiliary is the economic basis of Han Dynasty debt law, which decided the basic content of Han Dynasty debt law. The monarchy-centralized system of Han Dynasty is extremely formidable, which had important influence to politics, economy, thought culture. Certainly its influence to the content, and the characteristics of the debt law. is also not allow to be neglected. Mr. Qian Mu pointed out that behind each system all has a thought to support and human's behavior is also underthe instruction of certain thought. Thus in the formulation and movement of Han Dynasty debt law, the influence of thought culture is not allowed to be neglected. The Han Dynasty society advocated the beauty to gather one, harmony and righteousness rather than profit, opposing the behavior to forget righteousness at the sight of profits, which all had the pivotal influence to the debt law of Han Dynasty.Second chapter elaborates the survey of the Han Dynasty debt law. The litigant of the subordinate obligation, the emergence of the debt, the guaranty of the debt, the perishing of the debt has carried on elaboration. In the part of litigant, the author points out that in Han Dynasty the litigant who truly undertook and fulfilled the debt included the nation, social organizations, households and individuals. For the concept of litigant, we must pay attention not to use it as to the litigant in the Western civil law in order to avoid misunderstanding. Although there existed the situations which produce debt by individuals themselves through outside economical contact in Han Dynasty, but the debt is all fulfilled by the property of household, so the main body is different from the modern civil law. In modern civil law, the debt first is fulfilled by the property of the body of the debt, only in peculiar circumstance, while the debtor's personal property is insufficient to repay the debt, may the property of the family or other sponsor be used to fulfill the debt. At the same time many works, according to the modern civil law theory proposes one of civil capacity's division basis in the Chinese Han Dynasty - - age (the method of one-divides-into-two in Han Dynasty, 15 full years old for the separatrix).The author, carrying on the discrimination regarding, points out the basis of division was open an account, only had household status he can take part in economic contact in his own name, enjoy his fight, fulfill his duty. From the second part to the fourth part in the second chapter the author introduces the content of the Han Dynasty debt law which includes occurrence, guaranty, and perishing of of the Han Dynasty debt.The occurrence reason of the Han Dynasty debt included contract, damage compensation, profits: without reason. The forms of guaranty of the Han Dynasty debt had already diversified, not only including guarantor, salary guaranty of a governmental official, service guaranty which is typical in China, but also mortgages and pawns. This reflected the Han Dynasty government took highly of creditor's economic interest. The main three forms of perishing the debt in Han Dynasty was to pay off, remit and offset.The third chapter studies the contract system of Han Dynasty thoroughly, the further research to the Han Dynasty contract according to the different types, combined the different literatures and. the slips of bamboos and wood in Han Dynasty which handed down for generations,and has. in detail discussed each kind of contracts copy clerk which we can see at present. Han Dynasty's contract type was already quite complete, there was business land, the real estate contract, the movable property contract, and also the employment contract which reflected employment relations, lending contract, the contract reflected the property of partnership and so on. It not only has the macroscopic system analysis; but also has the concrete case inspection. The author also carries-on the elaboration to the important conditions of activation of the Han Dynasty contract in the light of the civil law theory, and points out that the litigant has the status condition contract, in the process of signing the contract both sides must work out their real meaning expression, the contract content must be legitimate, the form of contract must be complete. Only simultaneously meets these four requirements, the contract could be legitimatly effective.The fourth chapter does the further research to the damage compensation system of Han Dynasty.The Han Dynasty damage compensation was divided into the general damage compensation and the special damage compensation, inspecting the important documents of the damage compensation system of Han Dynasty. Massive slips of bamboos and woods were used sufficiently in this part, in particular Zhangjiashan Slips Two Years Law and occupies extending the damage compensation case has done the thorough research to the Han Dynasty damage compensation system. The Han Dynasty law had already started the key protection to state property, regarding to the behavior which harmed the national belongings.The Han Dynasty law has stipulated the quite strict compensation system. The Han Dynasty also had the special damage compensation system. For instance, if livestock product creates crops or other t livestock product's loss, the master of livestock product must undertake the compensation responsibility.Neglects duty, the dereliction behavior of the official causes other people losses, the Han Dynasty law has also stipulated to victim's compensation.This is quite similar to the country damage compensation system in the modern law. The Han Dynasty damage compensation must also have three important documents: Party causing an injury's subjective mistake, the existence of harm fact, the causal relation between the party causing an injury and the harm structure.The fifth chapter analyzes the characteristics of the Han Dynasty debt law.First the litigant of Han Dynasty debt law, the Han Dynasty litigant's legal status relatively equal, the woman was possible to become a litigant independently and take part in social economy activity. Next Han Dynasty debt law has a prominent characteristics, the Han Dynasty authorities regulated the debt positively. From the static state, Han Dynasty authorities stipulated the price in the contract of the commodities, to the interest rate in the moneylending contract. From the dynamic state, in the process of debt's occurrence and fulfillment, the government authorities were continuously intervened positively in order to guarantee creditor's economic interest. Taking the registration to creditor's rights between the ordinary populace debt first, when the debtor can't fulfill the debt on time, the creditor may propose the appeal to the government authorities and request government authorities force the debtor to fulfill the debt, after receiving the appeal, the government authorities must carry on the investigation. After the investigation, if there were determination debt existence, then can force the debtor to fulfill the debt legally, if The debtor is unable to repay the debt, the government authorities may pay it in advance, then debtor can repay the debt to artificial government authorities by service, the government authorities cancel debtor's name from the related notebook only then. If the debt were completely Fulfilled by the debtor, certainly, if the debtor was already repaid the debt, or the debt content (owed wealth amount)was not inconsistent with the creditor, he might declare to the government authorities, the government authorities would copy with it after it was investigated.The Sixth chapter examines the historical situation of Han Dynasty debt law. Han Dynasty was the establishment time of ancient the debt law in China. The Han Dynasty debt law took the important place in the history of ancient debt law, which traced down from Pre-qin and ushered to Jin-tang. It is at the important historical stage which carried on the task. We attempt to perspective historical situation of the Han Dynasty debt law through the comparison between Pre-qin and Jin-tang. Compared with the Pre-qin debt law, the norms of the Han Dynasty debt law became codified, the occurrence of debt diversified, the guaranty of debt was multiplified, the litigant of debt widespread. The Han Dynasty debt law has laid foundation for development of the debt law. Form the debt litigant, contract system, damage compensation system, all we may see that the Jin-tang debt legal system is the further development and the consummation of the Han Dynasty debt law.The last part introduces this article's conclusion, the characteristic and the deficiency.In summary, the Han Dynasty debt law was the debt law establishing time of our ancient debt law, glittering the radiant ray in the legal history in ancient China. This article, mainly based on the foundation of massive, full, accurate and novel historical data, carries on systematic elaboration to the Han Dynasty debt law, in order to have a benefit to impelling the research of our national debt law history to leap to new stair.
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