简牍所见秦汉民事诉讼原则

Civil Litigation Principles in Qin and Han Dynasties Seen from Bamboo and Slips

法律作为一种上层建筑,决定于经济基础。秦汉法律也不例外,作为调整和规范婚姻、户籍与土地、债与买卖契约等秦汉民事诉讼制度,从出土的简牍可看出,既有继承,又有发展,足证"汉承秦制"说法之不诬。以时效、等级、"亲亲相隐"、"引经决狱"等诉讼原则为视角,探讨秦汉民事诉讼的共性和差异,可以深化秦汉的民法研究。

As a sort of superstructure,the law is determined by the economic base and it wasn＇t except in Qin and Han dynasties.With regard to the civil lawsuit system in Qin and Han dynasties including those of adjusting and standardizing the relations among marriage,household,land,debt,purchase contracts,etc,it can be seen from the unearthed bamboo and wooden slips that the civil lawsuit system had both inheritance and development,which proves the statement of ＇Han dynasty carried on the system of Qin dynasty＇ was true.It can deepen the study of the civil law of Qin and Han dynasties to explore the common and difference of the civil laws between those in Qin and Han dynasties.