| The Chapter of Pawnshop、Urged to Pay Interest and Mortgage the Labor Force of the Codex of Tiansheng Gaijiu Xinding Luling is the most detailed special provision about the debt law of pawn and loan. Its content is very detailed than other history laws, and to provide a wealth of information for to reveal the pawn and lending system of the Xi Xia Dynasty. The hundreds of unearthed contract of pawn loan is the true embodiment of the debt law of the Xi Xia Dynasty at the operational level, and provide the first-hand information in order to verify the implementation of national laws in civil.In the first part,by the recorded, re-translated, collated and comments, it confirmed the edition that translated by professor Shi Jinbo does not exist in the errors of conjugated、leak translation of all entire or line and mistranslation mistakes. The Chinese translation is more accurate than the Russian translation. However, there are few words not identified too, this article supplements out it. In this article, the Tangut word which was translated int"分别”in the Chinese translation edition will be retranslated into the“收益”in Chinese, the Tangut word“(?)(?)”vill be retranslated into the“地租”n Chinese, the Tangut word"“(?)(?)”which was transliteration into"谷宜" in the Chinese translation edition will be retranslated into the“收益”in Chinese.In the second part,on the basis of academic research, this paper specifically studied the six weak problems, for example, the broker、government-run pawn loans、protection measures of debt、interest rates、debt to labor and contract reflects economic problems in the field of pawn lending in Xi Xia Dynasty. Through comparative study with similar content legal system of the Tang、Song、Liao、Jin and Yuan Dynasty, analyzes the similarities and differences in debt law between the Xi Xia Dynasty and above Dynasty.In order to protect the interests of creditors, The Legal of the Xi Xia Dynasty developed a number of measures, such as signing a contract, breach of contract penalties, official acceptance, the guarantor to repay, forcing the property to repay the debt, the repayment of labor and so on. Xi Xia currency borrowings monthly interest rate that is15%is more than twice the Tang and Song Dynasty interest rates, and is five times the Liao, Jin, Yuan Dynasty rate, the rate of mortgage loan is lower than unsecured loans in Xi Xia Dynasty. The lending of Xi Xia Dynasty emphasis on principal and interest equal、doubled interest to stop、interest can not become the principal. Although, some private lending followed the upper legal system basically, but were also Violation of the national system sometimes.In addition to parents, the elderly over the age of70, children under the age of10, the other person can repay the debt with the workforce, this differs from the only man in the Tang Dynasty, slaves except in the Yuan Dynasty. When the wages repayment the debt completed, the worker can lift the master-servant relationship with the creditors. The wages of mortgage labor is lower than the normal hiring labor in debt period.In practice, it is even lower than the legal requirement. Basically, civil pawn is implemented in accordance with the provisions of The Chapter of Pawnshop,by interpreting the number of contract of pawn livestock.According to the different responsibilities of the broker, there are seven Tangut Language phrase expression the broker in the Codex of Tiansheng Gaijiu Xinding Luling. The broker’s main duty is to verify the transaction object, to prove the transaction, negotiated prices, writing contracts and agency lending pawn when and so on in the Xi Xia Dynasty. The Xi Xia Dynasty also has a special government-run pawn lending institutions:(?)(?)(?)(典长府)、(?)(?)(?)(市易库).The government-run pawn loan has a complex procedure、strict system and complete the formalities, the purpose is to prevent the loss of official propertied and increase government revenue. |
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