王夫之经济法律思想研究

发布时间：2018-09-12 16:52

【摘要】：王夫之的经济法律思想是建筑在唯物史观基础上,融其经济思想和法律思想于炉的科学理论体系。但是,王夫之一生所著多为哲学著作,因此后人大多关注其哲学思想,鲜有对其经济法律思想进行系统的研究,这在一定程度上妨碍了人们对王夫之经济法律思想的充分认识和利用。王夫之虽然没有写过专门的经济法律问题的著作,他对经济法律方面问题的论述散见于从中年至暮年的众多著述中,但是,王夫之的经济法律思想依然具有内容丰富、见解独特的特点。特别是在《读通鉴论》中,王夫之从制度层面和运行层面对经济法律问题作了深入浅出的阐释,使得他的经济法律思想在这里有着较为完整和集中的表现。这正是本文以此为研究重点的缘由。笔者对王夫之原著进行了系统研读和分类整理,既是研究的基础也是研究的基本方法。作为一种对王夫之经济法律思想的研究,王夫之一直注重并遵循的历史分析法和整体分析法,也是本文的重要研究方法。通过研究,我们发现：王夫之的经济法律思想是其多方面理论成就的综合反映,他的经济法律思想的过人之处,在于紧密联系经济法律制度产生和运行的社会历史条件,进而得出古人制定的经济法律制度不一定适合后人所处的社会条件的科学结论。他的经济法律主要内容包括土地法思想、税法思想以及禁榷法思想。在土地法思想方面,王夫之主张一切土地的改革必须以承认土地私有为前提,土地的自由买卖是历史必然。基于此,他论证了均田制在郡县制下不可行,是违反历史演进规律的。王夫之还考察了曹魏的屯田制,总结了其六大优点和实施所需要的条件,并以此告诫后人不能直接照搬前人的土地制度。在税法思想方面,王夫之主张高额的口税,反对地税。他从法理和实践情况两个方面详细论证了口税更为合理。具体到历史上,王夫之认为唐代的租庸调制乃是最为理想的税种。对于历史上出现的土贡制度,王夫之认为其是最容易滋生流弊的税种,应当坚决废除。关于税额问题,王夫之对古代的“十一而赋”进行了实际考察,并找出了理论之税和实际之税差别巨大的原因。王夫之在考察了杨炎的两税法后指出,杂税不断并入正税是赋税不断增加的一个重要诱因。关于赋税的征管形式,王夫之认为征收货币比征收实物更为便利。关于税额的征收时间,王夫之认为无论是早征,还是晚征,都会对国家和百姓造成危害。在禁榷法思想方面,王夫之的榷盐思想经历了赞同官运、官销榷盐思想,至后来商运、商销思想的变化。虽然王夫之赞同食盐专卖,但是却不赞成铁器、酒曲专卖或抽税。他认为铁器、酒曲的专卖实质是把负担转嫁到农民身上王夫之对中国传统法制的理解是深刻的,加之他遵循了历史性和整体性的分析方法,所以他的经济法律思想具有鲜明的现实性的理论品格。但是也正因为王夫之对传统法制理解深刻,所以也极易受到传统的束缚,因此他的经济法律思想又具有一定的局限性。当然,如果将王夫之放在特定的历史条件下考察,就不难理解他的经济法律思想中的局限性了。
[Abstract]:Wang Fuzhi's economic and legal thought is a scientific and theoretical system based on historical materialism and fused with his economic thought and legal thought in the oven. However, most of his works are philosophical works in his life, so the later generations pay more attention to his philosophical thought and seldom study his economic and legal thought systematically, which hinders people to a certain extent. We fully understand and make use of Wang Fuzhi's economic and legal thoughts.
Although Wang Fu-zhi has not written any special works on economic and legal issues, his exposition of economic and legal issues is scattered in many writings from middle age to old age, but his economic and legal thoughts are still rich in content and unique in insights. Especially in Reading General Enlightenment, Wang Fu-zhi is from the institutional level and operational level. Facing the economic and legal problems, the author makes a thorough and simple explanation, which makes his economic and legal thoughts have a more complete and centralized expression here. This is the reason why this paper is the focus of the study. One of Wang Fu-zhi's economic and legal thoughts has always paid attention to and followed the historical analysis method and the overall analysis method, which is also an important research method of this paper.
Through the study, we find that Wang Fuzhi's economic and legal thought is a comprehensive reflection of his theoretical achievements in many aspects. His economic and legal thought is outstanding because it is closely related to the social and historical conditions for the emergence and operation of the economic and legal system, and then it is concluded that the economic and legal system formulated by the ancients may not necessarily be suitable for the future generations. The main contents of his economic law include land law thought, tax law thought and forbidden law thought.
On the thought of land law, Wang Fu-zhi advocated that all land reform must be based on the recognition of private ownership of land, and that the free sale of land is a historical necessity. Based on this, he argued that the system of land equalization was not feasible under the county system and violated the law of historical evolution. The conditions needed, and this cautioned that posterity could not copy the land system of their predecessors directly.
In terms of tax law, Wang Fu-zhi advocated high oral taxes and opposed local taxes. He argued in detail that oral taxes were more reasonable from two aspects of law and practice. On the issue of tax amount, Wang Fuzhi made a practical investigation of the ancient "Eleventh and Tax" and found out the reasons for the huge difference between the theoretical tax and the actual tax. In the form of tax collection and management, Wang Fuzhi thinks that it is more convenient to collect money than to collect material objects. Regarding the time of tax collection, Wang Fuzhi thinks that whether early or late, it will do harm to the country and the people.
Wang Fu-zhi's thought of discussing salt underwent changes in favor of official transportation, official sale of salt, and later commercial transportation and marketing.
Wang Fuzhi's understanding of the traditional Chinese legal system is profound, and he follows the historical and holistic analysis method, so his economic legal thought has a distinct theoretical character of reality. But it is also because Wang Fuzhi has a profound understanding of the traditional legal system, so he is very vulnerable to the traditional shackles, so his economic legal thought. Of course, if Wang Fuzhi is inspected under specific historical conditions, it is not difficult to understand the limitations of his economic and legal thought.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D909.2;D922.29

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