A Study of the Institution of Ensuring the Creditor's Rights

In ancient Chinese societies,wheremore stress had been laid on punishment than on administration,civil legality was largely underdeveloped,and there was few legal stipulation laid down to ensure the creditors rights.But in the statute books in the Tang Dynasty as well as in the existing contract documents in Dunhuang,we have found out some specific measures taken then to guarantee the creditors rights,i.e.contracts worked out and signed by both the parties.When the debtor had refused to fulfil its provisions,he would have suffered corporal punishment through a criminal suit brought by the creditor against him.It was often the case that there were in contracts presupposed provisions which suggested that government agencies compulsorily pin down the debtors property and belongings so as to help fulfil the creditors rights if the debtor was unable to pay off his debts on the due date.There were also other cases in which the debtor gave the creditor his service,at the discounted price,by way of payment for the debt,or the debtor must find a guarantor who was committed to pay off the debts on behalf of the debtor when the latter could not do so.All these measures were efficient in safeguarding the creditors rights,maintaing the normal socioeconomic activities.