论宋代的书证制度

A Study of the Documented Evidence of the Song Dynasty

中国古代的书证制度在宋代达到了鼎盛阶段。宋代社会所出现的商品经济发达、完备的契约制度与好讼民风等社会变革,成为宋代发达的书证制度的产生土壤。宋代书证形式多样,内容丰富。书证在民事司法中得到广泛运用。以宋代书证制度为理据,不难看出中国传统法难以归入韦伯所论的"卡迪司法"即"实质非理性"法之"类型"。

The development of Chinese ancient documented evidence reached a peak stage in the Song Dy- nasty. Due to the background of social transformation in the Song Dynasty, the society of the Song Dy- nasty came into being developed commodity economy and contract system and litigious custom, which provided the social soil for the developed documented evidence in the period. The documented evidence was various in forms and rich in content, mainly consists of official archives, contract and other catego- ry. The documented evidence was widely used and became ＂the king of evidence＂ in civil justice in the Song Dynasty. According to the documented evidence in the Song Dynasty, it is preposterous to classify Chinese ancient by Khadi justice, which Max Weber asserted.