著者

鷹取 祐司

出版者

大阪産業大学

雑誌

大阪産業大学論集 人文科学編 (ISSN:02871378)

巻号頁・発行日

no.117, pp.55-82, 2005

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Collections of the claim with interrogation to debtors in Northwest China in the Han Dynasty is a debt collection lawsuit. A Han wooden strips document named the case of the charge against K'ou En by the Commander, His Honour Su, is one case of the debt collection lawsuit. Through the examination of the case of the charge against K'ou En by the Commander, the feature of a debt collection lawsuit in the Han Dynasty can be made clear. Until recently, however, it was thought that the case of the charge against K'ou En by the Commander was a case of a criminal action. In this paper, first I prove the case of the charge against K'ou En by the Commander was not a criminal action but a debt collection lawsuit. Secondly, I will explain the case of the charge against K'ou En by the Commander as a case of a debt collection lawsuit. It will become clear that a debt collection lawsuit in the Han Dynasty had no judicial decision and no investigation by an officer.