The Mechanism Of Solving Civil Disputes In Helong Area In Tang And Song Dynasties

In the past century,a large number of Dunhuang documents have been discovered and interpreted,including a large number of civil contract instruments and disputes arising from the contract dispute litigation documents.Based on the Dunhuang contract documents in the Tang and Song Dynasties,this paper analyzes the contents of the contractual documents and related laws and regulations in the land-soil relationship,the money-debt relationship and the marriage-marriage relationship,and explores the guarantee system in the implementation of the civil contract.,Liability for breach of contract,see people system,in accordance with the four cases of rural security system.The settlement of civil contract disputes mainly includes mediation mechanism and litigation mechanism.In civil dispute mediation,this paper analyzes the mediation mechanism of contractual disputes from the perspectives of mediator's identity,role and mediation,and effectiveness.In civil dispute litigation,from the trial subject,trial procedure,evidence system,Several aspects were analyzed.In the aspect of religious factors influencing civil disputes,this paper investigates the relationship between monks and monks and private contract disputes,and how the folk religious beliefs affect the contract between the public and the monks and monks.Disputes several aspects.Through the analysis of civil contract dispute settlement mechanism,we can understand the basic social order and legal culture of Helong area in the Tang and Song dynasties.