试论唐代商人的法律地位
发布时间：2018-08-05 12:59
【摘要】： 唐代商人的法律地位问题,是唐研究的一个重要方面。由于唐代统治者思想开明,政治长期相对稳定,从而为经济的健康发展提供了必要的条件。唐代商人在政治生活中的地位较前代有较大提高,学术界相关的研究已取得了不少成果,但着重从法律地位的角度进行论述的文章尚不多见。因此,从法律地位的角度来探讨该问题,有助于更深入、全面地了解唐代商人在当时社会中的地位,促进唐代经济法制史的研究。 本文在论证中并不轻信当时的法律规定,而是与具体的社会实际相验证,来探究法律规定与实际操作之间的相合与歧异。文章具体分析了唐代商人享有的人格权、婚姻权、财产所有权与财产继承权、交易权、政治权利、受教育权以及诉讼权等。同时,剖析了他们所承担的赋税、徭役等对国家的义务、商事活动中的义务以及日常生活中的义务等。最后,从比较的角度,归纳出唐代商人法律地位的四个特征:在唐代,官商法律地位最高,商业受政治权力干预较强;商人实际地位远高于农、工;到了唐中后期,商人地位仍在提高,但提高的程度有限;就整个封建社会的发展过程而言,唐代商人的法律地位,上承秦、汉之统,下启赵宋之新局面,处在历史发展的转折点上。 本文在吸收唐代社会经济史、法制史等学科领域研究成果的基础上,较全面地探析了唐代商人的法律地位,对于商人缔结婚姻的原则、在外亡故商人财物的认领、官估与市场交易价格的关系、商人的罢市权、商人是否承担租庸调及徭役等问题提出了一点自己的浅见。
[Abstract]:The legal status of Tang Dynasty merchants is an important aspect of Tang study. Because the rulers of Tang Dynasty were open-minded and politically stable for a long time, it provided necessary conditions for the healthy development of economy. The position of merchants in the political life of Tang Dynasty has been greatly improved compared with the previous generation. Many achievements have been made in the relevant research in academic circles, but few articles focusing on the legal status have been discussed. Therefore, it is helpful to understand the position of the merchants in the Tang Dynasty from the angle of legal status, and to promote the study of the history of economic law in the Tang Dynasty. This paper does not trust the legal provisions of that time, but verifies with the concrete social reality, to explore the coincidence and the difference between the legal provisions and the actual operation. The article concretely analyzes the personality right, marriage right, property ownership and inheritance right, transaction right, political right, education right and litigation right of Tang Dynasty merchants. At the same time, it analyzes the duty of tax, corvee, commercial activity and daily life. Finally, from the perspective of comparison, four characteristics of the legal status of businessmen in the Tang Dynasty are summarized: in the Tang Dynasty, the legal status of the official and commercial people is the highest, and the commerce is strongly interfered with by political power; the actual status of the businessmen is far higher than that of agriculture and industry; and by the middle and late Tang Dynasty, As far as the development process of the feudal society is concerned, the legal status of the merchants in the Tang Dynasty, taking on the Qin Dynasty, the unification of the Han Dynasty and the new situation of the beginning of the Zhao and Song dynasties, is at the turning point of historical development. On the basis of absorbing the achievements of social economic history and legal system history of the Tang Dynasty, this paper analyzes comprehensively the legal status of the merchants in the Tang Dynasty, the principle of marriage concluded by the businessmen, the claim of the property of the businessmen who died outside the country, and so on. The relationship between official evaluation and market transaction price, the right of strike, whether the merchant undertakes rent and corvee, and so on, are put forward in this paper.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：K242
本文编号：2165869
[Abstract]:The legal status of Tang Dynasty merchants is an important aspect of Tang study. Because the rulers of Tang Dynasty were open-minded and politically stable for a long time, it provided necessary conditions for the healthy development of economy. The position of merchants in the political life of Tang Dynasty has been greatly improved compared with the previous generation. Many achievements have been made in the relevant research in academic circles, but few articles focusing on the legal status have been discussed. Therefore, it is helpful to understand the position of the merchants in the Tang Dynasty from the angle of legal status, and to promote the study of the history of economic law in the Tang Dynasty. This paper does not trust the legal provisions of that time, but verifies with the concrete social reality, to explore the coincidence and the difference between the legal provisions and the actual operation. The article concretely analyzes the personality right, marriage right, property ownership and inheritance right, transaction right, political right, education right and litigation right of Tang Dynasty merchants. At the same time, it analyzes the duty of tax, corvee, commercial activity and daily life. Finally, from the perspective of comparison, four characteristics of the legal status of businessmen in the Tang Dynasty are summarized: in the Tang Dynasty, the legal status of the official and commercial people is the highest, and the commerce is strongly interfered with by political power; the actual status of the businessmen is far higher than that of agriculture and industry; and by the middle and late Tang Dynasty, As far as the development process of the feudal society is concerned, the legal status of the merchants in the Tang Dynasty, taking on the Qin Dynasty, the unification of the Han Dynasty and the new situation of the beginning of the Zhao and Song dynasties, is at the turning point of historical development. On the basis of absorbing the achievements of social economic history and legal system history of the Tang Dynasty, this paper analyzes comprehensively the legal status of the merchants in the Tang Dynasty, the principle of marriage concluded by the businessmen, the claim of the property of the businessmen who died outside the country, and so on. The relationship between official evaluation and market transaction price, the right of strike, whether the merchant undertakes rent and corvee, and so on, are put forward in this paper.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：K242
【相似文献】
相关博士学位论文 前1条
1 金千秋;古丝绸之路乐舞文化交流史[D];中国艺术研究院;2001年
相关硕士学位论文 前1条
1 邱佳杳;唐中期翰林学士院制度研究[D];上海师范大学;2008年
，本文编号：2165869
本文链接：https://www.wllwen.com/shekelunwen/zggdslw/2165869.html
