秦汉时期的侵权行为民事法律责任论析

On the Civil Liability of Tort during the Qin and the Han Periods

随着出土的秦汉简牍文书中的陆续公布,其中的法制史料使我们发现:在这一时期,最高统治者在所制定的法律中已有初步的侵权行为法律规范。本文主要根据简牍文献的资料试图分析当时的侵权行为民事法律责任的根据、类型及其特点,我们认为:秦汉时期我国已初步建立了侵权行为法律规范,其中不乏科学、先进的成分。

After the Ancient Bamboo or Wooden Writing Tablets of the Qin and the Han periods have been announced, its contents about legal material caused us to discover that the highest rulers in that time enacted the law which embraced the preliminary tort law. According to the contents, the article mainly attempts to analyze the grounds of civil liability, the type and its characteristics. We thought that our country has initially established tort law during the Qin and the Han periods, which has scientific and advanced elements.