Study On Employment Contract Documents Of Dunhuang Turpan

Dunhuang and turfan unearthed contract documents to the study of tang dynasty,civil and commercial laws,customs and so on has important value,therefore this article to dunhuang and turfan unearthed from Qu Shi Gao Changguo period to be rebel period of the contract documents as the research object,is that the content of the employment contract documents,the format of the development of standardization,generalization and systemic research on the legal characteristics,and from the social background and both sides of the two different point of view to analyze the causes of the employment contract.Based on the contents of the contract,this paper studies the rights and obligations of both employers and their legal status,analyzes the embodiments of the principles of customs,honesty and trustworthiness,agreement of parties and fairness and reasonability in the contract,and discusses the legal value and significance of the guarantee and breach system in the contract.Through the analysis,it is concluded that in all kinds of employment contracts in different periods,the employer is in the dominant position and enjoys absolute rights.The employees sign employment contracts based on the pressure of livelihood,but fairness and reasonability are not reflected in the contracts,and the rights and obligations of both employers are seriously unbalanced,and the legal status is very different.Moreover,the provisions of guarantee and liability for breach of contract only focus more on the protection of the rights and interests of the employer,and the employment contract is feudalistic and exploitative to some extent.Of course,under the legal environment of "heavy punishment and light punishment" in ancient China,the standardization and universalization of employment contract was also a great progress in the legal development of the Tang Dynasty.The contract features that "the people contract privately,and the officials have the politics and law",which corrects the limited understanding in ancient Chinese law that "all laws are combined,and the people and the criminal law are not divided",and also provides experience material for the development of contemporary civil and commercial law.