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中人是指契约签订的第三方参与人,是契约成立必备的要件之一,“立契有中”又体现了中人在契约签订过程中的重要性。清水江文书中涉及中人角色与功能的文书之多,且在文书中发挥着关键性作用不得不引起我们的关注。本文拟以清水江文书为例,梳理中人在文书所扮演的中介、见证、调解等角色,指出中人不仅具有经济学意义上的中介作用,而且还有法律意义上的证人作用,特别是在处理纠纷时的调解作用,可为当今我国的民事法权制度起到借鉴意义。
The middleman is the third party involved in the contract, which is one of the essential elements of the contract. “Legitimate Contract ” also reflects the importance of the Chinese in signing the contract. There are many instruments in the Qingshuijiang document that deal with the roles and functions of the Chinese people and they play a key role in the instruments that have drawn our attention. This paper intends to take Qingshuijiang documents as an example, sorts out the intermediary, witness and mediation roles played by Chinese people in the paperwork, points out that the Chinese people not only have an intermediary role in the economic sense, but also have a witness role in the legal sense, especially The mediating role in the handling of disputes can serve as a reference for our country’s civil legal system.