夏商时期,酒是缔结天人之契的必要介质,其在使缔约仪式具有象征意义的同时,兼具权威性。周时,约和盟的缔结凭借酒的仪式性功用,使其在人间契约的缔结中也成了必备品。秦汉时期,国家公权力对契约管理不甚全面,沽酒条款的功用是证明契约的有效性,从而保障了契约的顺利履行。从唐宋时期开始,国家公权力开始加强对契约的管理,沽酒条款从现世契约中消失,转而适用于“买地券”——这种公权力没有触及的虚拟买阴宅契约中,但是“沽酒”作为民事习惯还存在于人间缔结现世契约的仪式上,协助国家公权力证明契约的效力。经过纵向的比较研究发现,沽酒条款的演化过程也是契约神化因素退却,而人文化、制度化加强的过程。 During the Xia and Shang dynasties, wine was the necessary medium for concluding the contract between heaven and man, which was both authoritative and at the same time symbolic of the ceremony. In the week of the Zhou dynasty, the conclusion of the peace treaty with the Union relied on the ceremonial function of wine to make it necessary for the conclusion of the human contract. During the Qin and Han dynasties, the state public power did not fully control the contract, and the function of selling the clauses was to prove the validity of the contract so as to ensure the smooth performance of the contract. From the beginning of the Tang and Song Dynasties, the state public power began to strengthen the management of the contract, the terms of the wines disappeared from the current contract, and instead applied to the “purchase of land coupons” , But “selling wine ” as a civil custom still exists in the ceremony of concluding the World Compact on earth to assist the state public authority to prove the validity of the contract. After a longitudinal comparative study, it is found that the evolutionary process of selling the terms of liquor is also a process of retreat deified, and humanistic and institutionalized.