论宋代蕃商法律制度
发布时间:2018-09-12 19:15
【摘要】: 两宋时期,来宋蕃商众多,达到了史无前例的规模,由此产生了许多涉蕃案件,宋代蕃商法律制度也应运而生。本文写作不但想要将蕃商法律制度的基本内容阐明,同时还欲寻求其背后的法律文化,包括其产生的法律文化大背景和具体法律制度所体现的法律文化传统。 正文分为四个部分,按照蕃商法律制度产生的法文化大背景、基本内容、特征及所体现的法文化传统为序展开论述。 第一个部分介绍了宋代蕃商法律制度所产生的法律文化背景。由于古代法律文化,尤其是经济法律文化主要是以“义”“利”为基本范畴而展开发展的,故文章第一部分主要以义利观为核心来阐述文化背景。在此是以农义商利为前提,介绍了义利观的演变过程,指出了在宋之前封建统治王朝是重义轻利、重农抑商的,对蕃商来华不是特别鼓励,而后提出了宋时由于财政压力,部分政治思想家开始言利,重义轻利与义利统一的法律思想发生了激烈碰撞,同时宋政府在实际操作中对海外贸易之“利”的追求也达到了前所未有的程度,竭力吸引蕃商来华贸易,在此大背景下才产生了宋代蕃商法律制度,有了相关规定及实施。 第二部分则是介绍了蕃商法律制度的具体内容,分为海外贸易制度、居住制度、婚姻制度、财产制度、司法制度、入仕制度六个部分,文章分别对此展开了详细论述。 第三部分则是指出了宋代蕃商法律制度的特征,表明了其具有内容空前完备、立法频繁、积极保护蕃商合法权益、给予其自治权的同时也充分维护国家主权四大特征。 最后一部分则论述了宋代蕃商法律制度所体现的法文化传统。此处,仍以义利观为核心展开论述,只是此处的义利观与第一部分的义利观角度不同,第一部分的义利观是站在农商角度来谈是否支持商业发展,本部分则是站在维护封建统治的角度来论证法律制度的内在法律文化。本部分指出了宋政府积极吸引蕃商来华贸易,看似义利并重,但其主观上实则基于义,只是在客观上不得已有时以利舍义,究本溯源,利其实是为义服务的,只是宋廷实现义的手段罢了,其反映在法文化上充其量只能说是义利统一。
[Abstract]:During the Song Dynasty, there were many merchants in Song Dynasty, which had reached an unprecedented scale. As a result, many cases were brought about, and the legal system of the merchants in Song Dynasty also came into being. This paper not only wants to expound the basic content of the legal system of foreign merchants, but also to seek the legal culture behind it, including the background of the legal culture and the legal cultural tradition embodied in the specific legal system. The text is divided into four parts, according to the legal culture background, the basic content, the characteristics and the legal culture tradition. The first part introduces the legal cultural background of the Shang law system in Song Dynasty. Since the ancient legal culture, especially the economic legal culture, mainly developed in the basic category of "righteousness" and "interest", the first part of the article mainly expounds the cultural background with the view of righteousness and profit as the core. Based on the premise of agricultural justice and commercial interests, this paper introduces the evolution of the concept of righteousness and profit, and points out that the feudal ruling dynasty before the Song Dynasty emphasized justice and light profits, and stressed agriculture and suppression of commerce, which did not give special encouragement to the Tibetan merchants to come to China, and then put forward that the Song Dynasty was under financial pressure. Some political thinkers began to talk about interest, and the legal thought of the unification of justice and interest collided intensely. Meanwhile, the Song government's pursuit of "profit" in overseas trade also reached an unprecedented degree in actual operation. It was against this background that the legal system of the Song Dynasty came into being, with relevant regulations and implementation. The second part is the introduction of the specific content of the legal system of foreign merchants, including the overseas trading system, housing system, marriage system, property system, judicial system, the official system of six parts, respectively, the article discussed in detail. The third part points out the characteristics of the legal system of the Song Dynasty, which shows that it has four characteristics: unprecedented content, frequent legislation, active protection of the legitimate rights and interests of the merchants, and full protection of national sovereignty while giving them the right of autonomy. The last part discusses the tradition of law culture embodied in the Shang law system of Song Dynasty. However, the view of righteousness and profit here is different from that of the first part. The first part of the view of righteousness and profit is to discuss whether to support the development of commerce from the perspective of agriculture and merchants. This part demonstrates the inner legal culture of legal system from the angle of maintaining feudal rule. This part points out that the Song government actively attracted Chinese businessmen to trade in China, which seems to be both righteous and beneficial, but subjectively, it is based on the meaning, but objectively it is necessary to sometimes give up the meaning. Tracing back to the source, the benefit actually serves justice. It is only a means for the Song Dynasty to realize justice, which can only be described as the unification of justice and interest in the culture of law.
【学位授予单位】:西南政法大学
【学位级别】:硕士
【学位授予年份】:2010
【分类号】:K244;D929
本文编号:2239976
[Abstract]:During the Song Dynasty, there were many merchants in Song Dynasty, which had reached an unprecedented scale. As a result, many cases were brought about, and the legal system of the merchants in Song Dynasty also came into being. This paper not only wants to expound the basic content of the legal system of foreign merchants, but also to seek the legal culture behind it, including the background of the legal culture and the legal cultural tradition embodied in the specific legal system. The text is divided into four parts, according to the legal culture background, the basic content, the characteristics and the legal culture tradition. The first part introduces the legal cultural background of the Shang law system in Song Dynasty. Since the ancient legal culture, especially the economic legal culture, mainly developed in the basic category of "righteousness" and "interest", the first part of the article mainly expounds the cultural background with the view of righteousness and profit as the core. Based on the premise of agricultural justice and commercial interests, this paper introduces the evolution of the concept of righteousness and profit, and points out that the feudal ruling dynasty before the Song Dynasty emphasized justice and light profits, and stressed agriculture and suppression of commerce, which did not give special encouragement to the Tibetan merchants to come to China, and then put forward that the Song Dynasty was under financial pressure. Some political thinkers began to talk about interest, and the legal thought of the unification of justice and interest collided intensely. Meanwhile, the Song government's pursuit of "profit" in overseas trade also reached an unprecedented degree in actual operation. It was against this background that the legal system of the Song Dynasty came into being, with relevant regulations and implementation. The second part is the introduction of the specific content of the legal system of foreign merchants, including the overseas trading system, housing system, marriage system, property system, judicial system, the official system of six parts, respectively, the article discussed in detail. The third part points out the characteristics of the legal system of the Song Dynasty, which shows that it has four characteristics: unprecedented content, frequent legislation, active protection of the legitimate rights and interests of the merchants, and full protection of national sovereignty while giving them the right of autonomy. The last part discusses the tradition of law culture embodied in the Shang law system of Song Dynasty. However, the view of righteousness and profit here is different from that of the first part. The first part of the view of righteousness and profit is to discuss whether to support the development of commerce from the perspective of agriculture and merchants. This part demonstrates the inner legal culture of legal system from the angle of maintaining feudal rule. This part points out that the Song government actively attracted Chinese businessmen to trade in China, which seems to be both righteous and beneficial, but subjectively, it is based on the meaning, but objectively it is necessary to sometimes give up the meaning. Tracing back to the source, the benefit actually serves justice. It is only a means for the Song Dynasty to realize justice, which can only be described as the unification of justice and interest in the culture of law.
【学位授予单位】:西南政法大学
【学位级别】:硕士
【学位授予年份】:2010
【分类号】:K244;D929
【引证文献】
相关硕士学位论文 前1条
1 王萌;北宋海外贸易法律制度研究[D];山东大学;2013年
,本文编号:2239976
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