宋代书证制度研究

在宋代近世转型的时代背景下,宋代社会所出现的好讼民风、发达的契约制度与书铺机构等因素,催生了发达的书证制度.宋代书证形式多样,内容丰富,主要有契约与政府档案等书证类型.宋代形成了发达的书证防伪与鉴别技术,书证在民事司法中得到广泛运用,成为民事司法中的“证据之王”.以宋代书证制度为理据,不难看出中国传统司法法具有较强的确定性.

Researching the Documentary Evidence System of the Song Dynasty Again

Under the background of the modern transformation in the Song Dynasty, the social factors of the litigious custom developed contract system and the developed notarizations in the Song Dynasty had promoted the developed documentary evidence system. The documented evidence was various in forms and rich in content, mainly consisting of official archives, contract and other category. The so- ciety of the Song Dynasty came into being developed the society of the Song Dynasty and techniques of deterring forging and checkup. The documented evidence was widely used and became ＂the king of evidence＂ in civil justice in the Song Dynasty. According to the documented evidence in the Song Dy- nasty, it is not difficult to see that Chinese traditional justice had strong certainty.