敦煌写本《文明判集残卷》研究

Study on A Piece of Dunhuang Manuscript- WEN-MING-PAN-JI-CAN-JUAN

敦煌写本《文明判集残卷》 ,使我们在解构作为裁判载体的唐代法律文书本身的结构格式、辞章、共同特点时 ,为我们以史为经对法律文书的递变做纵向研究支撑起无法替代的历史平台。它格调庄严、简约有致的风格 ,博大的哲学理念 ,鲜活的法、理、情的和谐统一 ,不难从中窥视中华法系中的法文化、法意识和法律制度 。

The Dunhuang Manuscript - WEN-MING-PAN-JI CAN JUAN is a collections of legal solution of some law cases which are very rare to be find as original documents of Tang Dynasty. By studying the Dunhuang Manuscript which are the sources of profound and precious materials which had offered us not only in display the in formations on the structure of a written court verdict of Tang Dynasty's lawsuit document ?its writing style?characteristic language in common but it has also thrown light on the study of the changing process of the written law documents development courses in combining the study by the written historical records from a historical respect. The Dunhuang law documents have a characteristics of sedate and succinct literary style combining with a profound philosophic idea and peaceful coexistence with law? reason?human sentiment freshly. It have reflected the Chinese legal system?the relative culture of the law?the consciousness of law of ancient time as well as institutions. They are also proofed to be the materials in great valuable in making a comparative study to the development of the Western law System as a mean to reach the same goal by different routes.