Research On Jin And Tang Lease Contracts Unearthed In Turpan

The lease contract texts unearthed in Turpan from the 5th to 8th centuries were the first-hand materials,which to understand the lease economic life in Turpan during the Jin and Tang dynasties.Based on previous studies,this paper conducted a systematic sorting and classification study of these lease contracts,focusing on the lease of land,houses,livestock and sundry things,and specifically discussed the real state of people's lease activities in Turpan and the development and evolution of the lease contract law.From the unearthed documents,the form of the lease contract in Turpan has gone through three stages.In the Bei-chao Dynasty,the basic elements of the lease,such as the signed date of the lease,the narrative of the lease,and the statement at the end of the lease,were already in place.And the spirit of the voluntary lease had been demonstrated.The lease contract had a great development in its format in Qu-Shi(??)Gaochang kingdom,which began to show a fixed contract expression language,and the division of responsibilities and obligations became more detailed.The term at the end of the lease became customized,forming a basic format of a lease.In the Xizhou Period of Tang Dynasty,the form of the lease contract changed again,the date of making the lease moved to the end of the lease,four boundaries were added to the land lease contract,the system of security appeared,and the legal nature and writing form of the contract showed a trend of institutionalization.The identities of the parties involved in the lease contract in Turpan have distinct regional colors and characteristics of The Times.The principal parties in the lease contract include the lessee and the lessor.The main lessors are the monasteries,officials and the rich.The main body of the lessee is the ordinary people who have the lease demand,but there are also some special circumstances.In the Gaohang period,the contract only describes the person with special status in the subject party,while the lease of Tang dynasty adds the expression of the native place of the subject party.This was a manifestation of the tang Dynasty's effective rule over the frontier areas,and also reflected the influence of social customs on the frontier areas,such as the concept of Jun-Wang(??).The third party in the lease contract developed from the writer and witness in The Gaochang Period to the witness and insurer in the mid-Tang Dynasty.The witnesses are usually local people with famous or prestige,and the sponsors are mostly related to the debtor by blood.The time factor in the land tenancy contract includes the date of making the deed and the date of paying the rent,both of which are closely related to farming time.The tenancy contract was signed on the premise that spring ploughing and sowing were not delayed.The date of the constitution of The Gaochang Period is concentrated at the beginning of February.The date of signing the contract in tang Dynasty developed to the end of the year dominated by November.o avoid arrears of rent,rent is paid during the may wheat harvest and the October corn season,and orchards and gardens are required to pay some of their seasonal crops.Agricultural time not only has a guiding effect on agricultural production,but also affects tax collection,grain storage and maintenance of water conservancy facilities in daily life.Under the economic garden lease,the tenant is required to maintain the infrastructure of the garden,such as canals and walls,and to conduct field management according to the rules of crop growth.If there is damage,the tenant will be punished.The lease term was usually one year in the lease of the house.In the process of house lease,the sense of ownership is constantly enhanced.The owner not only restricts the lessee's right to use the house,but also makes detailed records of the materials attached to the house.If there was any damage or breach of contract,a certain amount of compensation or liquidated damages shall be paid.In spite of this,under the influence of factors such as the increase in housing demand and the applicability of renting houses,house leasing in the Tang Dynasty generally developed,and people's living style and ideology also changed.The number of contracts for renting livestock,firewood,manure and other living materials was less,but to a certain extent,it also reflected the lease of life in Turpan during the Jin and Tang Dynasties.Livestock rental includes cattle,horse,donkey and camel rental,mainly used for farming and transportation,and the distance determines the price of livestock rental.Livestock manager not only responsible for daily livestock raising and registration,but also need to report,when livestock was rented and even travel with.Ci Xin(??)was the specialty of Turpan,used for daily fuel,armaments,taxes,and rents.The rental of these living materials provided great convenience for People's Daily life,which conformed to people's needs and the law of economic development.Contractual documents were not only the proof of maintaining contractual relationship,but also the basis of legal judgment.The legal effect of the contract was mainly realized through the restriction of the breach clause in the contract and the insurance system.The recognition of state decree and customary law was the backing for the realization of the legal effect of contract,and the spirit of integrity provides the moral constraint.In a class society,though,the unjust and equal factors of amnesty by decree,privilege of rank,and penalty for breach of contract could hinder the legal effect of contract.In the class society,the legal effect of the contract would be hindered by the factors of amnesty by decree,privilege of rank and unfair penalty for breach of contract.However,from the perspective of the history of the contract,the lease contract in the Jin and Tang Dynasties had certain development in form and content.To a certain extent,it has injected vitality into the economic life of Turpan area.Therefore,its positive significance should be fully affirmed.