Study On Legal System Of Debt At Xizhou On Early Tang Dynasty

The documents excavated from tombs on the district of Turfan supply manyprecious materials to discover the society feature of this area since the prefecture ofGaochang erected at the dynasty of Eastern Qin. Among them there are many civilcontracts, administrative documents and jurisdiction at the period of early Tangdynasty. This novel combs the materials by the virtue of debt, through which we candynamically discover the vivdly framework of the formal national law and folkcustoms. Chapter One, according to the manuscripts, I divide the debts into contract andlaw debt differently: trade, interchange, land-rent, debit and credit, sell on hypothecate,rent, employment, est. seven kinds of debts of contract, which are the body of Turfanmanuscripts. Carrying on top layer analysis to concluding the form and principle ofthe contract, we can find the form of these contracts is inactive. It reflects thedeveloped commodity economy and mirrors the prosperity of the goods trade of SilkRoad. Chapter Two, I enumerate some debts regulated by law. By the virtue of thecause, there are five different kinds of debts: partnership, encroach right,compensation for damage, engagement, supporting. They have reflected that to thebehavior of the illegal ethics, the national law is adopted and attacked sternly in theancient time of China. Chapter three, at the beginning Tang period Xizhou in the developed commodityeconomy, we probe that why land which presents a large amount of rent out contracts,but the land bought and sell is usually rare. Combining the recording of the historicalbook and household record, we find that the land resource of Xizhou is rare and theadministrative can't carry on that decree require that 1.33 hectares each man, amongwhich 20 acre is owned and 80 acre is allocated, the standard that the narrowtownship was reduced by half. In order to ensure the country to grasp the land andpeasants can get the land and support the family, the local authorities implementedspecial standard of 0.67 hectares each and the special measure that field land must beawarded so that the local authorities redistributes field. Actually most peasants getmore than 0.07 hectares of land only. This leaded to the fact for the early period ofTang dynasty fresh to have land buy and sell but debt that form, debt that producebecause of renting out the land behavior numerous, which is the main factor.Additionally, the position of land distribution dispersed, by the virtue of cultivatingconveniently the peasants exchanged land, which leaded to the fact that lands-rentingfrequently emerged. Another important fact was that The Xizhou was located inimportant strategic place in the border area. The military affairs will cause theinstability of the life relationship, which developed the commodity trade. The densecommodity trade atmosphere of Silk Road had created the rare external favorablefactor to the goods economic prosperity of Xizhou. At last I analyze the reason thatEmployment contract in Turfan, especially to keep out on the beacon. At the end I summarize the regulatory mechanism on debt at Xizhou. In thefeudal society, the principle of the national formal legal provisions on the civil debtrelationship is abstract, which stipulated a bit that very fuzzy and even appeared in theblank, so the customs is adjusted and played a indispensable role on that point. All theabove had guaranteed the smooth development of the civil relation.