作者：郑显文

机构：中国政法大学法律古籍研究所 北京100088

中文关键词：唐代法律;;债权;;担保;;役身折酬;;掣夺;;契约

英文关键词：creditors rights;guarantee;giving service at the discounted price in payment for the debt;pinning down;contract

中文摘要：在“重刑轻民”的中国古代社会 ,民事法律不发达 ,有关债权的法律规定很少。但在唐代的法典及现存的敦煌契约文书中 ,我们还是看到了一些具体的债权保障措施 ,即由双方当事人制定契约 ,当债务人拒不履行债负时 ,通过诉讼等手段对债务人给予刑事惩罚 ;在契约中设定条款 ,通过国家机构强制牵掣债务人财物 ,来实现债权 ;针对债务人无力清偿到期债务 ,实行役身折酬的办法 ,以力役折抵债务 ;责成债务人提出担保 ,当债务人无力履行债务时 ,由担保人代偿等。上述这些措施 ,有力地保障了债权人的利益 ,维护了正常的社会经济活动 ,对唐代商品经济的发展起到了推动作用

英文摘要：In ancient Chinese societies,where"more stress had been laid on punishment than on administration",civil legality was largely underdeveloped,and there was few legal stipulation laid down to ensure the creditors rights.But in the statute books in the Tang Dynasty as well as in the existing contract documents in Dunhuang,we have found out some specific measures taken then to guarantee the creditors rights,i.e.contracts worked out and signed by both the parties.When the debtor had refused to fulfil its provisions,he would have suffered corporal punishment through a criminal suit brought by the creditor against him.It was often the case that there were in contracts presupposed provisions which suggested that government agencies compulsorily pin down the debtors property and belongings so as to help fulfil the creditors rights if the debtor was unable to pay off his debts on the due date.There were also other cases in which the debtor gave the creditor his service,at the discounted price,by way of payment for the debt,or the debtor must find a guarantor who was committed to pay off the debts on behalf of the debtor when the latter could not do so.All these measures were efficient in safeguarding the creditors rights,maintaing the normal socioeconomic activities.

[中文刊名]：西北师大学报(社会科学版) [出版日期]：2003-02-28 [CN]：62-1086/C [ISSN]：1001-9162

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