The Rule The Order And The Commercial Society In Qing Dynasty

According to the traditional concept in academic circles: because of the history that Chinese ruler used to attach importance to the agriculture and look down on the profit-seeking business otherwise Chinese legal genealogy characterized as center on penal code and neglect the civil law, then no commercial law existed until Qing imperial government legislated for commerce in the later period of Qing dynasty. It is the traditional conclusion what made the studying on the Chinese merchant law blank space. In fact, they were judging the Chinese merchant law that occurred in the last phase of the Middle Ages but based on the modern theory about the commercial law. However according to those inscriptions reserved in the region of Shanxi, Zhejiang, Shanghai, Peking, Guangdong, guangxi, all trades and possessions of industry and commerce in Qing Dynasty had drawn up a lot of guild regulations concerning succoring, contributing, wages, controlling over the craftsmen, the quality price of products, to start a business, recruiting apprentices etc. these regulations together with the codes in statute law about commerce, the private bank, workshop, the shop sign etc. which formed a legal system of Chinese Law Merchant.The Chinese Law Merchant of Qing Dynasty which occurred and developed were related to the structure of the commercial society, the history of Chinese merchant, the relationship between merchants and others in same area, the relationship with Qing government. As a special background of legal and acted as the constitutive law,The Statute Law of Qing dynasty had an important effect to the Law Merchant. Produced by the historical course of China, the Law Merchant of Qing Dynasty while its contents, principles and forming represent the fundamental demand of Chinese commerce for rules and order. They had to combine each other as well as confine each other, then they made the rules. It was very advantageous and important for them to set up some fundamental principles such as the good faith doctrine, the order doctrine, prohibition of business strife doctrine and the doctrine for balancing of interest. All those rules and the doctrines not only can be deemded as the typical Law Merchant, but also revealed those merchants in Qing Dynasty whose seeking out the legal value. Basing on the inscriptions material and under the replenish some other historical material, we can sum up the main contents about the Law Merchant in Qing Dynasty including business name, business registration, trade books as well as business association and recruiting apprentices, operating the public property of the guild, standard of the usualcommercial act, the middleman etc.It is the punishment regulations in Qing Dynasty the Law Merchant what brought out the Law Merchant in Qing Dynasty into force. The guild could punish a certain dealer by economic sanction,as well as the punishment of honor, and asked for the government to adjudicate that revealed Law Merchant in Qing Dynasty the habit of relying on the statue law which against the monopolization firmly. As the guild used to control most of the merchant to keep business order by religious rites the merchants showing them respect to gods.Attributed to law of self-government the merchant, the Law Merchant in Qing Dynasty couldn't retrain from relying statue law, and surely together with the statute law as a whole stool to keep the business order of the commercial society in Qing Dynasty. More than the punishment, the merchant in Qing Dynasty had already to look for the higher standard of conduct.The transportation by water in Ankang District was once very busy somehow in Qing Dynasty; it contributed a great to the exchange and development of the economy and culture of Ankang District. However, for the special geographical factors, the carriage of goods by the river was always accompanied by a high degree of risk.Thus followed so many accidents had happened ,there was a great deal of dispute . Along with these disputes settled, the Customary law of River Transport of Ankang Dist...