Location advantage and research overview of Dunhuang Law
April 24, 2023 10:46 Source: "China Social Sciences" April 24, 2023 Total 2637 Author: Han Shuwei

■ Dunhuang Mogao Grottoes mural information picture

At the end of the 19th century,Taoist Wang Yuanzhang discovered the Tibetan Cave of the Mogao Grottoes in Dunhuang。Archaeological Expeditions abroad、Linguist follows one after another,Its purpose is to plunder Dunhuang、Western Regions、precious literature and cultural relics found in Heishui City and other places。Subsequent,The Dunhuang documents were carried by them and scattered around。These Dunhuang literature contains rich laws、French cultural information and a large number of contract documents,Showing the legal culture and regional color unique to the ancient Dunhuang and its surrounding areas。Although Dunhuang was remote at the time of the political center at that time,But through these legal contract documents,We found that the legal status and legal life of Dunhuang were orderly,and have a mature and complete legal system。Dunhuang Law is gradually formed in such historical land conditions and location advantages,and play an important historical role。

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Dunhuang Climate Drought,Save for easy documents。Since Emperor Hanwu,Dunhuang has always been the throat and military town of the Central Plains to the Western Regions。Ji Xianlin once said, "The world has a long history、Gevoya、Self -Access System、There are only four cultural systems that affect the far -reaching cultural system: China、India、Greece、Islam,There is no fifth; and there is only one place where these four cultural systems are flowing,It is the Dunhuang and Xinjiang area of ​​China,No second one "。

Dunhuang Law based on Dunhuang's location advantage,Law originated from the Dunhuang literature、Contract Literature,It is booming in Dunhuang Xue,With natural historical and land conditions。Bet365 lotto review June 2020,Establishment of the Dunhuang Law Research Center of Lanzhou University,Establishment of the Dunhuang Law Research Center of Lanzhou University。Li Gongguo proposed in the "Trip of the Ancient Legal Systems of Dunhuang" (China Social Science Press, 2021),Dunhuang Law is "studying the legal phenomenon of ancient Dunhuang legal phenomena reflected in the legal documents and other information in the ground of the grotto in Dunhuang and its surrounding areas.、Legal system、Legal life、Legal relationship、A learning of the legal process and change ",He once again explained this view in "Dunhuang Law Draft" (China Social Science Press, 2021)。Other scholars around this keynote thought,Discussion separately。For example,Zheng Binglin proposed to establish a new discipline of Dunhuang Law is the need for strengthening the research of Dunhuang,Chen Yongsheng's concept of the basic theoretical framework of Dunhuang Law,Hao Shusheng talked about legal issues in Xuanquan Simplified Hanzhong,Liu Yanshou explored the legal culture of Dunhuang Law and Hexi,Ma Yuxiang discussed Dunhuang Law and National Law Culture,Wang Yong explained the reconstruction of Dunhuang Law and Chinese Law System,Liu Xiaoxia introduced the legal issues in Dunhuang and the Silk Road,Lu Zhixiang analyzed several issues in the Dunhuang Law and Nationalities' False Law。Comprehensive scholars' discussion,Dunhuang Law is a branch of Dunhuang Studies,Is my country Law、Judicial、An important part of law history,With independent research objects、range、Student System、Institutional system and research method。

  Dunhuang Law Research Status

In recent years,Dunhuang law is booming in Dunhuang studies,The research team gradually grows,Especially college researchers,Most of these members are experts and scholars from law。They pass the law、Legal perspective,Further excavation information related to law in the Dunhuang literature,Get rich results。

Bet365 lotto review First,In terms of legal document research。Liu Junwen's "Dunhuang Turpan Tang Dynasty Legal Documents Examination Examination" (Zhonghua Book Company 1989 edition) around Dunhuang、legal documents unearthed from Turpan,According to the law、Order、grid、type classification method for test interpretation and research,is one of the earliest works in Dunhuang Law Studies in China。Chen Yongsheng's "Dunhuang Turpan Legal Document Research" (2000 -year edition of the People's Publishing House, Gansu) introduced Dunhuang、Overview of Turpan legal documents,Dunhuang、The main content and significance of the authentic chapter in Turpan documents,Discuss Dunhuang、The form of Turpan contract documents、Type、System,The country's regulation of contract behavior,The legal and cultural significance behind these contracts,And Dunhuang、Economy in Turpan Literature、Business、marriage and family inheritance、The legal system of litigation was discussed。Wang Feihong's "Dunhuang Law Theory" (Law Press 2008 edition) to Dunhuang Writing "Civilization Judgment Collection"、"Shenlong San Awarding the Ministry of Criminal Disabled"、Wife Document、"Kaiyuan Household Department's Disabled Volume" did in -depth research,Analysis of the reasonable law in traditional Chinese law culture。Zheng Xianwen's "Research on Literature and the Legal History of the Tang Dynasty" (2012 Edition of the Chinese Social Science Press) discussed the "Research on Dunhuang Turpan Documents and the Tang Dynasty Code SAT", "New Legal Historical Materials and the Research on the Legal System of the Tang Dynasty", "The Research on the Tang Dynasty", "Research on the Tang Dynasty", and "Research on the Legal System of the Tang Dynasty". Research on the Literature and the History of Chinese Legal Systems in China "" The Legal Exchange of the Chinese Law Department and the ancient neighboring countries ",Among them, the second chapter lists the disabled scroll of the Northern Song Dynasty bet365 live casino games and the false Ning system of the Tang Dynasty,A comparison of the newly discovered legal historical materials with the Tang Dynasty's "Prison Officer Order",Discuss the content related to the Tang Dynasty's commercial legal system in Tunhuang Turpan documents,Compared with the accountability system of judicial officials in the Tang Dynasty, comparative discussions,Analysis of the translator in the Tang Dynasty litigation activities,It has important reference value。Zheng Xianwen's "Research on the Research on the Han and Tang Dynasties of the Han and Tang Dynasties along the Silk Road" (China Legal Publishing House 2020) has brought together 22 experts and scholars' related research results for legal documents during the Han and Tang Dynasties,Learn to understand Dunhuang in -depth、Turpan legal documents provided new materials,helps re -evaluate the legal system of all ethnic groups along the Silk Road。Feng Zhuohui's "Research on the Civil Legal System of the Tang Dynasty -Book、Dunhuang Literature and Laws "(Business Press 2014 edition) According to Tang Law、"Tang Lugueyi",and some Tang Order、grid、style,Using Dunhuang unearthed literature,Combined with the information collected by the new and old Tang books and foreign sinologists,According to the Roman Private Law,Sorting the summary argument is written。This book is compared with the system's combing comparison,It can clarify the civil legal system of the Tang Dynasty than the greater improvement than the previous,strongly refuted the prejudice of Western scholars' so -called "ancient Chinese no civil law"。The thirteenth series of "Legal Culture Research" edited by Zhao Jing "Dunhuang、Turpan Chinese Law Literature Topics "(Social Science Literature Publishing House 2019 edition) Focus on Dunhuang、Turpan Legal Documents,Junhuang Law -related academic backbone work,The most representative in terms of academic frontiers。The Institute of Legal Books of the University bet365 Play online games of Political Science and Law The Institute of Law Ancient Research "Research on Ancient Chinese Law Literature"、The legal documents unearthed from Turpan conducted research from different angles,It is not only one of the cases necessary for the history scholars,It is an important reference for Researchers in Dunhuang Law。

2,In terms of contract documents。Xie He Nai's "The Temple Economy of China Fifth to 10th Century" (Gansu People's Publishing House 1987 edition) studied the taxation system of temple property、Business and borrowing、Charity Activity、Religious group、A series of problems such as business activities in Chinese monks,It is very helpful for us to understand the temple economy of the Middle Ages of China。Tong Ping's "Dunhuang's Loan: Material Life and Society in China" (2003 Edition of the Chinese Book Bureau) Research on Dunhuang's loan contract,Discuss the structure of the Dunhuang contract、Tubo occupied the food borrowing during the Dunhuang period、Tenth Century fabric lending and evolution of the 9-10 century borrowing conditions, etc.。Han Sen's "Consultation in the Daily Life of Traditional China: Research on the Middle Ages" (2009 edition of Jiangsu People's Publishing House) uses Dunhuang、Turpan unearthed documents,Two parts discussed the real contract and the underworld contract,In the real contract, the government's recognition and barely acknowledge the government's recognition and barely recognition,and levy tax on the contract; analyzed the land of buying vouchers and the French Division of the Yin Dynasty in the underworld contract,The commendable thing is that the author discussed the Mongolian rule and its future contract。Yamamoto Dalang、"Turpan Turpan Social Economic Document Collection III Ⅲ —" (Toyo Library 1986-1987)、The deed coupons unearthed from Turpan and other places are interpreted by graphic comparison,greatly facilitated the research of scholars。Research on Dunhuang legal contract bet365 live casino games documents in China,Reflected in the works of "Demonstrate Social and Economic Documents", "Dunhuang Contract Documents", "Chinese Contract Credit", "Turpan Literature Collection · Contract Volume", "Dunhuang Contract Cultural Research" and other works。There are some scattered academic papers,Around the Dunhuang contract document,From Law、The perspective of law history conducted different degrees of research。

  Dunhuang Law Research Outlook

The results of the above research are for us to understand Dunhuang、legal documents unearthed from Turpan、The relationship between contract documents and legal documents and contract documents provides important reference value。Dunhuang law wants to form a worldwide learning like Dunhuang,It needs to be in the scope of research、Research objects、Continue in depth on the research team。

First is the research scope of Dunhuang law,Except Dunhuang,It should also extend to Juyan、Turpan、Heishui City and other places,As long as legal documents unearthed in these places,All can be used as the object of Dunhuang legal research。Ancient Dunhuang,is Dunhuang on the Silk Road,Not isolated Dunhuang; legal documents unearthed from Dunhuang,Other legal documents unearthed on the Silk Road,There should be inextricable contact,Therefore, comprehensive research can be linked。

The second is the research object of Dunhuang law,Except Dunhuang、Legal documents found in Turpan and other places,It should also include the contractual documents unearthed from the northwest。Look at the materials I currently master,Contract documents contain a large amount of legal documents。Simply speaking,A contract involves signing、Defense,If the breach of contract,will involve disputes,Then cause the judicial intervention of the local government。So,Classification of contract documents to the study of Dunhuang Law,Can be established。

Third, the young talent team of Dunhuang law research。Based on the Dunhuang Law Research Center of Lanzhou University,Vigorously cultivate and absorb young scholars related to Dunhuang bet365 Play online games Law,True Dunhuang Law Research Echelon centered on Lanzhou University,To better play the location advantage of Dunhuang law。

  (This article is the Study of Han, Jin Dai Shan Shan Guo History in the National Social Science Foundation of the National Social Science Foundation "Research on the History of Han, Jin, and Jin (21xzs016)

(Author Unit: CPC Gansu Provincial Party School's Party School's Literature History and Teaching and Research Department、School of Humanities at Kashgar University)

Editor in charge: Chen Jing
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