論宋代蕃商法律制度
發(fā)布時間：2018-09-12 19:15
【摘要】： 兩宋時期,來宋蕃商眾多,達(dá)到了史無前例的規(guī)模,由此產(chǎn)生了許多涉蕃案件,宋代蕃商法律制度也應(yīng)運(yùn)而生。本文寫作不但想要將蕃商法律制度的基本內(nèi)容闡明,同時還欲尋求其背后的法律文化,包括其產(chǎn)生的法律文化大背景和具體法律制度所體現(xiàn)的法律文化傳統(tǒng)。 正文分為四個部分,按照蕃商法律制度產(chǎn)生的法文化大背景、基本內(nèi)容、特征及所體現(xiàn)的法文化傳統(tǒng)為序展開論述。 第一個部分介紹了宋代蕃商法律制度所產(chǎn)生的法律文化背景。由于古代法律文化,尤其是經(jīng)濟(jì)法律文化主要是以“義”“利”為基本范疇而展開發(fā)展的,故文章第一部分主要以義利觀為核心來闡述文化背景。在此是以農(nóng)義商利為前提,介紹了義利觀的演變過程,指出了在宋之前封建統(tǒng)治王朝是重義輕利、重農(nóng)抑商的,對蕃商來華不是特別鼓勵,而后提出了宋時由于財政壓力,部分政治思想家開始言利,重義輕利與義利統(tǒng)一的法律思想發(fā)生了激烈碰撞,同時宋政府在實際操作中對海外貿(mào)易之“利”的追求也達(dá)到了前所未有的程度,竭力吸引蕃商來華貿(mào)易,在此大背景下才產(chǎn)生了宋代蕃商法律制度,有了相關(guān)規(guī)定及實施。 第二部分則是介紹了蕃商法律制度的具體內(nèi)容,分為海外貿(mào)易制度、居住制度、婚姻制度、財產(chǎn)制度、司法制度、入仕制度六個部分,文章分別對此展開了詳細(xì)論述。 第三部分則是指出了宋代蕃商法律制度的特征,表明了其具有內(nèi)容空前完備、立法頻繁、積極保護(hù)蕃商合法權(quán)益、給予其自治權(quán)的同時也充分維護(hù)國家主權(quán)四大特征。 最后一部分則論述了宋代蕃商法律制度所體現(xiàn)的法文化傳統(tǒng)。此處,仍以義利觀為核心展開論述,只是此處的義利觀與第一部分的義利觀角度不同,第一部分的義利觀是站在農(nóng)商角度來談是否支持商業(yè)發(fā)展,本部分則是站在維護(hù)封建統(tǒng)治的角度來論證法律制度的內(nèi)在法律文化。本部分指出了宋政府積極吸引蕃商來華貿(mào)易,看似義利并重,但其主觀上實則基于義,只是在客觀上不得已有時以利舍義,究本溯源,利其實是為義服務(wù)的,只是宋廷實現(xiàn)義的手段罷了,其反映在法文化上充其量只能說是義利統(tǒng)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.
【學(xué)位授予單位】：西南政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：K244;D929
本文編號：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.
【學(xué)位授予單位】：西南政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：K244;D929
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 王萌;北宋海外貿(mào)易法律制度研究[D];山東大學(xué);2013年
，本文編號：2239976
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