唐代司法審判的若干問題──以「趙和斷錢」為例

Some Issues About Justice In The Tang Dynasty：Using ”Zhao-Han Resolving The Dispute about money” As an Example

This article mainly analyzes several justice issues in Tang through ” Zhao-Han resolving the dispute about money” (Zhao-Han Duan Qian趙和斷錢) in the Collection of judging lawsuits (Zhe Yu Gui Jian 折獄龜鑑). These issues can be divided into four dimensions: First, through the case, to consider some relational regulations and the actual operational situation in the Tang Dynasty. Second, concerns the legal validity of written contracts - how local law executors resolve the complications through such contracts or testimonies when two parties conflict. Third, concerns the methods of communication used by law enforcers for arresting and summoning someone for interrogation in the situation of where the convict has “crossed the region about litigation” (越境而訴). Fourth considers the questioning techniques and logical thinking applied during the questioning and trial in the Tang Dynasty. In addition, this article also focuses on the interactions between ''law, citizens and government'' to reconsider the law system of the Middle Ages, the distribution of knowledge of the law and the responses between the local governments and their people. Through these three points, the article will also analyzes the effects law had on the order of society and also analyzes some topics related to lawsuits in the Tang Dynasty.