摘要
P.3223《勘寻永安寺法律愿庆与老宿绍建相诤根由状》是目前所见相对完整的敦煌僧人民事诉讼案卷之一,反映了唐后期五代宋初敦煌僧人民事诉讼案件的审理过程。审理程序大致包括四个环节,即诉讼人提起诉讼、官府立案受理、官员调查取证和审判官判决结案。负责案件的官员主要通过讯问当事人来调查取证,查明案情。此案中除了有当事人的陈述,还要签字画押以保证其所述的真实性,构成了相对完整的证据体系。
Dunhuang Manuscript P.3223,entitled Investigating the Reasons for the Debate on the Borrowing of Grain between Yuanqing and Shaojian of Yong'an Temple,is one of several relatively complete civil litigation files involving the Buddhist monks of Dunhuang.The manuscript is valuable because it reflects the trial process of civil litigation cases used to resolve legal matters related to religious practitioners at Dunhuang during the Tang,Five Dynasties and early Song dynasty periods.The legal procedure at the time generally included four steps:the litigant initiating a lawsuit,the local government accepting the case and entering it in official records,the official investigation and collection of evidence,and the sentencing of the case by a judge.The primary means by which the officials in charge of the case investigated and collected evidence was by interrogating the two parties to find out the basic facts and perspectives involved in the dispute.In this case,in addition to the statements made by both parties,both litigants were required to sign their names and make a mark with their fingerprints immediately after submitting their statements in order to ensure the authenticity of their information.This procedural method of collecting evidence and keeping official records constitutes a relatively complete legal process for the time.
作者
陈大为
马聚英
CHEN Dawei;MA Juying(History Department,Shanghai Normal University,Shanghai 200234;Shanghai Vocational College of Science and Technology,Shanghai 201620)
出处
《敦煌研究》
CSSCI
北大核心
2024年第5期81-91,共11页
Dunhuang Research
基金
国家社科基金项目“上海藏敦煌吐鲁番社会历史文献整理与研究”(23BZS033)。
关键词
敦煌
永安寺
借粮纠纷
审理
Dunhuang
Yong'an Temple
dispute over borrowing grain
trials
