Breach of Contract and Kou He: Interpretation bet365 sports Legal History bet365 sports Huding Inscription
July 21, 2021 09:47 Source: "Chinese bet365 sports Journal" Issue 2212, July 21, 2021 Author: Li Li

Western Zhou Dynasty bronze inscriptions related to litigation activities,That is, “The bronze inscriptions made to commemorate litigation events push back the earliest physical evidence of Chinese judicial practice by several centuries”。However,There are only a handful of bronze inscriptions related to litigation activities (no more than 10 have been seen so far),The text is also extremely difficult to read,Explanation of related words and understanding bet365 sports meaning,Different opinions,Difficult to agree。Among them,The Huoding inscription contains the special content and form of two trial records,It has always been the object of special attention by researchers of legal history。

涶丁,A weapon from the middle and late Western Zhou Dynasty,Excavated more than 200 years ago (1778-1782) near present-day Xi'an City, Shaanxi Province。The original was originally collected by Bi Yuan,But I don’t know when it disappeared,Whereabouts are unknown。The shape bet365 sports device is unknown,But it is speculated that it may be a large cauldron with a height of more than 60 cm。Several rubbings handed down from generation to generation,There are 6 kinds of rubbings in total (including 1 kind with unmarked characters)。The inscription is notoriously difficult to decipher,There are three main reasons: one,The inscription is 403 words long (one theory is 404 words?),The length bet365 sports text is second only to Mao Gongding in Western Zhou Dynasty bronze inscriptions。Part 2,The text is more damaged,380 words saved now。Especially at the bottom of each line in the first half,About two words peeled off,Completely uninterpretable。Third,Unable to determine to what extent Bi Yuan’s embroidery is correct。

1930s,The book "History bet365 sports Development of Chinese Law" by legal historian Yang Honglie,Beginning to restore the Western Zhou Dynasty civil litigation and the "law of things" bet365 sports "Civil Law" with the inscriptions on the tripod。Because it is not possible to directly read the bronze historical materials,So I have to quote contemporary research。Viewed from today’s academic perspective,The legal knowledge bet365 sports Western Zhou Dynasty constructed by it is not very reliable。The academic history bet365 sports study of Huoding inscriptions in the 20th century,The most academically challenging achievement,It is "The Germination of Change Reflected in the Society bet365 sports Late Western Zhou Dynasty—A Preliminary Solution to the Interpretation Problem bet365 sports Dingming Ming" published by Japanese scholar Michio Matsumaru in 1984。This article is based on the legal history perspective,Solve the difficult problems left by previous interpretations and research。its reinterpreted inscription,To clarify the development context bet365 sports case,This opens up a perspective for further discussion bet365 sports legal system bet365 sports Western Zhou Dynasty。Although there are too many missing characters,There are still many questions about the details bet365 sports case,But it can be said,His insights may correct the misconceptions of previous explanations,The related speculation has become an unavoidable problem when studying the Huo Ding inscription and other bronze inscriptions related to litigation。

Three paragraphs of inscriptions on the tripod,Remember three things,"This is a self-written inscription by the Huo family during the Western Zhou Dynasty"。And "one canonization record and two trial records form an inscription,Completely a special case。Look at the rubbings,Write all three paragraphs in new lines,It can be seen that during casting,It adopts the form of casting three independent parts into one vessel。And these three parts are all made by one person,Same handwriting,Undoubtedly written uniformly at the time of casting"。These "three inscriptions seem to have no connection",But in fact, we are not talking about the major events bet365 sports family in isolation,But drafted and cast according to consistent intentions"。The first paragraph bet365 sports canonization golden inscription,No obstacles in terms of content。Second、Two lawsuits in three paragraphs,Previous interpretations may have fundamental errors。

The first inscription,Recording the events of being appointed by the king and being rewarded by Uncle Jing。That is: the king of Zhou ordered that the post of divination be passed down from generation to generation in his family,Reward Chiyong City corresponding to his official position、Flags,Requires you to do your best。again,I used the copper block given by Uncle Jing to make this tripod,To sacrifice his father。This inscription records the appointment bet365 sports king of Zhou,Record the incident of "received by Uncle Jing",This is a unique description method in bronze inscriptions。Perhaps he just wants to use this "special form",To express the specialness of his "relationship with Uncle Jing"。And this "Uncle Jing",It is the judge bet365 sports case recorded in the second inscription。

The second inscription,Records a sales contract of "Wu Fu" between Huo and "Shi" (Huo sold "Wu Fu" to "Shi",The trial process of a breach of contract dispute case involving a price of "Hundred Tons" (Matsumaru calls it the "Hundred Tons Missing Case")。Uncle Jing in a “different” place is trying the case。As the plaintiff,His retainers were appointed as litigation attorneys,"Limited" (in the buyer-seller relationship,The seller’s intermediary) as his witness。“Shi” is the defendant,Follow the father (in the buying and selling relationship,The agent bet365 sports buyer “Shi”) is his witness。Zhe Fang accused: After delivering the "Five Husbands" as promised,Only received as a gift (one horse on the occasion bet365 sports sale and purchase contract)、A bunch of silk),Did not receive "百彽"。Therefore,Suing "Shi" for breach of contract,Requesting the return of "Five Husbands"。But,The defendant said that it had paid "one hundred tons" as promised。The actual situation is,In the process of payment ("Shi"→Father→Limited→涶),I don’t know which link it is in,"Bai Lun" disappeared,Whereabouts unknown。If you only look at the testimony,Should have disappeared between "Shi" → "Father"。But where did it actually disappear,Only seen from the inscription,Unable to dig out the truth。The focus bet365 sports dispute in this case is,Whether to pay the price of "five husbands", "hundred tons"。However,Quite bizarrely,Finally, "Uncle Jing made a judgment that was obviously in favor of Hu": "Baizong will not pursue the investigation,Five husbands return。He thus completely won the case。"The inscription" describes the course bet365 sports lawsuit,At that time, they were all described in spoken language,Repeated refutations,Final decision,Use official document idioms to record。its situation,Very similar to the "Yuan Shu" bet365 sports Han Dynasty"。Although the words are simple,But the case is described in the tone bet365 sports winner、Uncle Jing’s speech (meaning to protect Jing), etc.,The description is extremely detailed”。

The third inscription,Record the trial process of a case of stealing grains (Matsumaru calls it the "Corpse Case")。The general meaning is: in the years when famine occurred in the past,Kuang Zhizhong、A total of 20 people stole all ten pieces of grain。Therefore,Taking Kuang Ji (Kuang’s youngest brother,One party’s witness) sues the East Palace,Accuse Kuang。After the East Palace accepted the case,Order Kuang to track down and arrest the thief,Otherwise you will be severely punished。So,Go to Kuang to bow and apologize,Pay “Five Fields” and 3 ministers、1 Mingzhong,To compensate for the loss,And declare that he has no direct relationship with this case。Not satisfied with this,Bring witness Kuang Ji to appeal to the East Palace again,Insisting on Kuang repaying the stolen crops。Finally,Donggong Judgment: The compensation should be 10 Zihe,Additional 10 pieces now,Total 20 pieces。If there is still no compensation in the second year,Just double the repayment to 40 zi。In addition,Added the "two fields" paid to Huo、1 minister。Result (hence the case of stealing crops),obtained "Seven Fields" from Kuang、5 people and Kuang own 30 grains (among 40 grains),There are 10 systems (originally all)。The inscription in this section is "Suihe Kouhe",Different from ordinary land and land disputes involving litigation。Although this case is a reminder bet365 sports past,But because: ① Kuang led the crowd to invade He Shizi,Exceeding the scope of ordinary litigation;②Ten grains of grain,Not much quantity,But in the year of famine,The circumstances bet365 sports case are different from others。Therefore, the case was reported to the East Palace”。

From the nature of historical data,These three inscriptions are second-hand information compiled by the author,However, each must have its own place。The first inscription,Excerpted from the original ordination document,Add the relationship with Uncle Jing。Second、Three paragraphs of inscription,It should be based on the original documents and files bet365 sports two lawsuits,Transcribed the relevant and beneficial record fragments。Therefore,If you want to restore the entire case through these two inscriptions,Even the trial system or proceedings bet365 sports Western Zhou Dynasty,We must consider the objective disadvantages contained in such second-hand historical materials。

According to the inscription of Huoding,At least two points can be determined: one,No trace of judicial independence at that time could be found,Also "it is difficult to think that only the judicial system usually achieves justice"。Part 2,From the standpoint of modern legal science,The second paragraph bet365 sports inscription is equivalent to the trial of today’s civil cases,A litigation agent appears in it,But it’s not clear under what circumstances。The third paragraph bet365 sports inscription is equivalent to the trial of today’s criminal case,There is a link where the defendant unilaterally requested "negotiated settlement"。When negotiation fails,The judge only issues the final verdict。It’s just not possible to confirm whether this “negotiated settlement” link is a necessary procedure for litigation。

"Five Husband" Sales Breach Case,"It is a dispute between the ruling nobles and the emerging landowners",“Directly reflects the pattern of social changes”。"Kou He Case",“It can also be considered as a case of disputes between ruling nobles”,From this "it can be imagined,He also has close ties with the East Palace”;And through this case "it can be found that in the second half bet365 sports Western Zhou Dynasty,Financial union with a person who is not related by blood,Be ahead bet365 sports blood union,The clan union is on the verge of collapse"。Those two lawsuits,You can get a glimpse of "the Western Zhou Dynasty society on the eve of change"。

The tripod is originally a sacrificial vessel,The nature of its inscription,"No doubt I am standing on my own side,Bragging that both lawsuits ended in victory”。And "show off internally and externally by winning the case,It is widely spread that it is closely related to the power bet365 sports dynasty,Isn’t this the true purpose of making instruments?"Furthermore,"Behind such a boast of authority,In fact, it reflects the uneasiness and anxiety that the rulers feel about the quietly approaching social changes,Reflects the fear of emerging forces。Exactly this mood,Prompted him to make a large tripod with special content and long inscriptions"。

  (Author’s affiliation: School of bet365 sports, Zhongnan University of Economics and bet365 sports)

Editor: Zong Yue
二维码图标2.jpg
Highly recommended
Latest bet365 sports
bet365 sports

Friendly links: Official website of Chinese Academy of bet365 sports |

Website registration number: Beijing Public Network Security bet365 sports. 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine. bet365 sports reproduction or use without permission

Chief editor’s email: zzszbj@126.com Contact information of bet365 sports website: 010-85886809 Address: Floor 11-12, Building 1, No. 15 Guanghua Road, Chaoyang District, Beijing Postal Code: 100026