Study On The Customary Law Of Creditor’s Rights In The Qingshui River Documents

The " Qingshui River Documents " was also called "Jinping Documents" because the earliest discovery was in the village of Wendou,Quebec,etc.in Jinping County,Guizhou Province.After 2006,the "Jinping Documents" attracted More and more scholars,the government has also stepped up the protection of these contract Documentss.The scope of investigation and protection has gradually begun to expand.Taking Jinping as a starting point,it gradually spread to areas such as Liping,Tianzhu,Jianhe and Sansui in the middle and lower reaches of the Qingshui River.Many similar documents were gradually discovered in Taijiang County and other places in the middle and upper reaches of the Qingshui River Basin.Therefore,scholars believe that if these Documentss were found after the name of "Jin Ping Documents",they would not fully reflect the characteristics of the documents and their reputation is not true.The "Jin Ping Document" was gradually diluted,and the name of "Qingshui River Documents" was gradually accepted by the academic circles.The "Qingshui River Documents" is a "heritage treasure" handed down from generation to generation in the local area.The local people will not easily show it to others.For academic research,the "Qingshui River Documents" is an orderly,well-documented and richly-contented book with unparalleled research value in such important disciplines as history,economics,and law.For the sake of jurisprudence,the "Qingshui River Documents" contains extremely rich content of customary law.It has been used in local society so far and is an important criterion for maintaining local social order.Article 10 of the "General Principles of Civil Law" stipulates: "The handling of civil disputes shall be in accordance with the law;if it is not provided for by law,it may be customary,but it must not be contrary to public order and good customs." From the point of view of this provision,customary law is taken as an informal source of law.It also plays an indispensable role,which provides the legal basis for the study of this article.Specifically,the customary law embodied in the "Qingshui River Documents" can be divided into many types such as customary law of the clan,customary law of marriage and family,common law of creditor’s rights,and so on.This article selects one of the customary laws,the customary law of claims,to conduct research.Specifically,the customary law of claims reflected in the “Qingshui River Documents” includes the customary law of transactions,the customary law of tenancy,the customary law of lending,and so on.This article will examine the customary law of creditors in the “Qingshui River Documents” from these three aspects.Conduct research to try to outline the form of social life through the contract in the Qingshui River basin area.