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宋代司法,有关土地的诉讼在国家律令法没有明确规定的情况下,也会多方援引惯例和习俗,兼顾多方利益,保障土地的私有。这种兼顾情理法的模式对当代亦有一定的借鉴意义。本文就分析田土诉讼来看宋代的司法原则。
In Song Dynasty, the litigation of land related to land did not stipulate clearly under the State Law of the Law, but it also invoked practices and conventions in various ways, taking into consideration the interests of all parties and safeguarding the private ownership of the land. This mode of taking into account the theory of law also has some reference to the contemporary. This article analyzes the judicial principle of the Song Dynasty in the analysis of the land contract.