摘要
吐蕃三律作为吐蕃早期的法律文书,对吐蕃时期乃至藏族历史文化发展产生了深远的影响。敦煌藏文写卷P.t.1071为吐蕃三律之狩猎伤人赔偿律,由七部分组成,其中狩猎伤人赔偿律和牦牛伤人赔偿律所占比例较高,内容丰富且结构层次清晰,亦具有较为详细的原告和被告关系、双方的权利和义务、奖惩标准。从敦煌藏文写卷P.t.1071看吐蕃时期的法律,它不仅具有刑法严酷、诸法合体、阶级关系鲜明、崇尚英雄、藐视懦夫等特点,而且法律理论与实践深受伦理道德的影响。
As a legal document in the early period of Tubo,the Three Laws of Tubo had a profound influence on the development of Tubo period and even Tibetan history and culture.The Dunhuang Tibetan script P.t.1071 is a law of compensation for hunting and wounding in it.It is composed of seven parts,among which the hunting and wounding compensation law and yak injury compensation law account for a higher proportion.The content is rich and the structure is clear,and it also has relatively detailed relationship between plaintiff and defendant,rights and obligations of both parties,and standards of rewards and punishments.It can be seen from the Dunhuang Tibetan scroll P.t.1071,the law of Tubo period was not only characterized by harsh criminal law,combination of various regulations,distinct class relationship,worship of heroes and contempt for cowards,but also deeply influenced by ethics in legal theory and practice.This scroll is of high historical value in studying the legal culture,hierarchical system,official system,social form,production and life,history and culture,language,property inheritance,and the historical influence of Tubo law in the Tubo period from different disciplines and perspectives.
作者
索南东知
彭措扎西
Bsod-nams-don-grub;Pun-tshogs-bkra-shes
