从P.t.1077文书看吐蕃统治时期沙州地区民族关系

On Ethnic Relations in Shazhou Area during the TibetanRuling Based on P.t.1077 Documents

敦煌地区出土的P.t.1077古藏文诉讼文书反映出吐蕃统治时期沙州地区复杂的民族关系。从诉讼文书可以看出,抵债人管布的身份发生过数次转变,她作为妾室,可用作抵债;中证人、保人是契约有效的构成要件,而契约一式三份、盟誓、自愿立契等与契约效力间无必然关联;债务若无法如期归还,可用物抵押;但唐人都督未禀告地方长官,强行把管布带走,或带些许抢夺性质。陷蕃唐人与吐蕃人的诉讼纠纷,或许只是由于对事物的不同认知造成的,唐蕃双方的交融、互动与理解才是解决纠纷的根本路径。

The ancient Tibetan litigation documents of P.t1077 unearthed in Dunhuang reflect the complex ethnic relations in Shazhou during the Tibetan ruling.It can be seen from the litigation documents that the identity of the person-as-the-payment-for-debt Guanbu has changed several times,she was used to pay off the debt as a concubine.The witness and guarantor of the contract are important components of a valid contract;however,the contract in triplicate,the oath and the voluntary contract are not necessarily related to the validity of a contract.If the debt cannot be paid on time,it can be mortgaged with property.However,the governor of Tang Dynasty did not report to the local governor,and took Guanbu away,or sort of snatched her away.The dispute between the Tang people and Tibetans may be caused by different cognition of things.The basic way to solve the dispute is the mutual blending,interaction and understanding.