贵州清水江文书的由来和特点探析

A Study on the Origin and Nature of Qingshuijiang Contracts

清水江文书是一种以汉文书写的民间契约文本,内容以林契和地契为主体,包括分关契、借契、诉讼词、税契、文告、官府执照等。有关清水江文书的由来与特点,学界有较多讨论,但未达成一致。笔者认为,清水江文书是以清水江流域少数民族习惯法、伦理规范达成的契约关系为社会基础,以及文字下乡等因素综合作用后的产物。除具有明显的归户性外,兼具活态性、综合性、文化归属性、生态归属性、外延性等特点。

The Qingshuijiang document is a folk contract text written in Chinese. The content is based on the forest lease and the land lease, including the customs, deeds, litigation words, tax deeds, notices, and government licenses. Regarding the origin and characteristics of the Qingshuijiang document, there has been more discussion in the academic circles, but no agreement has been reached. The article believes that the Qingshuijiang document is a product of the comprehensive relationship between the customary law of ethnic minorities in the Qingshui River Basin and the contractual relationship reached by the ethical norms, and the combination of the characters and the countryside. In addition to its obvious affiliation, it has the characteristics of activity, comprehensiveness, cultural attri-bution, ecological attribution and extension.