略论唐代的免债赦令与抵赦条款

On Government Absolutions for Debt and the Opposed Clauses of Tang Dynasty

唐代中央政府曾多次施行恩赦,其中的免债赦令涉及到民间债负,而民间则对中央政府通过免债赦令免除民间债负的做法,多持抵触态度。这从敦煌吐鲁番发现的契约文书中频繁出现的"后有恩赦,不在免限"等抵赦条款中,可以看出。这些含有抵赦条款的契约文书,是民间意志的彰显。唐时免债赦令的多次发布与民间抵赦条款的频繁出现,是国家意志与民间意志拉锯博弈的生动表征。

The government of Tang Dynasty used to absolve criminals which involved private debt, while the opposed clauses were frequently found in documents of Turfan and Dunhuang,including govern-ment absolutions do not fit for this debt,and the like.We can say that the civilian community were resistant to the government action of absolving debt.Those private contracts were the reflection of the autonomous resistance of civilians in material ways.The clauses against absolution and the government inj unction of pri-vate debt both appeared repeatedly,which indicated the long term game between civilian will and govern-ment will.