明清对外贸易法制比较研究

发布时间：2018-02-27 14:26

本文关键词： 朝贡海禁对外贸易　出处：《陕西师范大学》2014年硕士论文　论文类型：学位论文

【摘要】：明清是中国传统社会后期的王朝,对两个朝代对外贸易法律制度进行对比分析,就可以发现这样一条历史轨迹：从明初统治者积极建立辐射范围远达印度洋海域国家的朝贡体制,到清代统治者被动应付已经扩张到东亚的西方各国,制定严格限制对外贸易的法律制度。从法律现象来讲,之所以产生一概而论的明清实行对外闭关法律制度的结论,是因为明、清两个政权都是施行过的海禁法律,但海禁法律制度不等于完全禁止对外贸易的闭关法律。就明、清海禁法律来讲,两者最大的区别在于,明代虽然有海禁法律,但并不禁止对外的正常经济交往,否则就无法解释郑和下西洋这种大规模的外交活动。相比而言,清代的海禁法律则是“片板不得下海”的全面海禁。从法律制度的动态发展来考察,明代对外贸易法律的演变,大致经历了三个阶段：官方开放阶段——转折阶段(因东南倭寇侵扰,一度禁止对外贸易)——民间对外贸易开放阶段,经历了一个从开放到封闭,再由封闭到开放的过程。清代的对外贸易法律也是经历了三个阶段,清初的海禁时期,平定台湾后四口通商时期,单口通商时期,是一个从封闭到开放,再由开放走向严格管控的过程。总体上讲,明代的对外贸易法律呈现出一种逐步开放的态势,清代的对外贸易法律则是不断走向封闭。总体上,明代对外贸易的法律制度是开放的,也是顺应世界历史发展大潮的。国内社会开始加速转型,明末著名思想家黄宗羲讲过此时的人们面临着“天崩地坼”的变局,此时,中国看到了步入近代的曙光。然而,社会转型时期新旧势力的激烈矛盾,加上连年天灾,最终使大明王朝土崩瓦解。清代在对外贸易方面所采取的落后保守性的法律制度造成了极其恶劣的后果,使中国在明末已经开始的社会转型之路被人为中断。
[Abstract]:The Ming and Qing dynasties are the later dynasties of Chinese traditional society. The foreign trade legal systems of the two dynasties are compared and analyzed. We can find such a historical track: from the early Ming Dynasty rulers actively set up a tributary system that extends far beyond the Indian Ocean, to the Qing Dynasty rulers passively dealing with the western countries that have expanded to East Asia. Formulate a legal system to strictly restrict foreign trade. In terms of legal phenomena, the reason why the conclusion that the Ming and Qing dynasties implemented the legal system of closing foreign relations to the outside world was that the two regimes of the Qing Dynasty had both enforced the maritime prohibition laws. However, the legal system of maritime prohibition does not amount to a closed law prohibiting foreign trade altogether. As far as the Ming and Qing Hai prohibition laws are concerned, the biggest difference between the two is that although there were maritime prohibition laws in the Ming Dynasty, they did not prohibit normal economic exchanges with foreign countries. Otherwise, it would be impossible to explain the large-scale diplomatic activities of Zheng he's voyages to the West. In contrast, the law of sea prohibition in the Qing Dynasty was a comprehensive ban on the sea, "no plates should be allowed to go into the sea". From the dynamic development of the legal system, the evolution of the foreign trade laws of the Ming Dynasty has generally experienced three stages: the official opening stage-the turning stage (once prohibited from foreign trade-folk foreign trade opening stage because of the invasion of the southeast Japanese aggressors). The foreign trade laws of the Qing Dynasty also went through three stages: the period of sea ban in the early Qing Dynasty, the period of settling down Taiwan's four ports of commerce, and the period of single-mouth trade. Generally speaking, the foreign trade laws of Ming Dynasty showed a trend of gradual opening, while the foreign trade laws of Qing Dynasty were constantly closed. On the whole, the legal system of foreign trade in the Ming Dynasty was open and in keeping with the tide of world historical development. The domestic society began to accelerate its transformation. Huang Zongxi, a famous thinker in the late Ming Dynasty, said that people at this time were faced with the change of "Tiancao". At this time, China saw the dawn of modern times. However, during the period of social transformation, the fierce contradictions between new and old forces, coupled with successive years of natural disasters, The backward and conservative legal system adopted by the Qing Dynasty in foreign trade resulted in extremely bad consequences, and the road of social transformation that China had begun in the late Ming Dynasty was artificially interrupted.
【学位授予单位】：陕西师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D929;D922.295;K248

【共引文献】