《周禮》所確立的訴訟證明制度考論

On the Litigation-Proof System Established by The Rites of Zhou

基於先秦時代的誠信文化，《禮》確立了“情實”的訴訟證明標準；借助國家完善的檔案管理制度在涉及土地、鄰里、市場交易、債權債務、軍政勞役、爵祿的享有及田獵等爭訟方面廣泛地適用要式證據，形成了較為完備的要式證據證明模式；在《周禮》中“五聽獄訟”首次被系統表述，心證證明模式已經初步形成；盟誓形式在契約簽訂、履行和爭訟處理方面被廣泛運用。

The Rites of Zhou establishes its own Litigation- Proof standards, based on the credibility culture of Pre- Qin Period. And it forms the complete major-proof pattern by broadly applying the major proof to the lawsuit of land, neighborhood, business trade, credit and debt, military and labor service, earnings from feud, hunting, etc. from national file management system. In The Rites of Zhou, Observation from five perspectives is systematically stated for the first time, the pattern of heart-proof is shaped; vows are widely applied to the signature, fulfillment and lawsuit of contracts.