The Evolution Of The Customary Law Of Private Overseas Trade In Longqing Period:From The Prohibition To The Opening Of The Sea

The navigation began in ancient times and enjoyed unprecedented prosperity in Song and Yuan dynasties.However,the Ming Dynasty regarded the policy of maritime prohibition as its ancestor and strictly prohibited private overseas trade,and only approved the official only legal trade--tribute trade.Under the high pressure of maritime prohibition for 200 years,the private overseas trade did not disappear,but gradually formed the trade habit suitable for its development,and finally obtained the legal status after the opening of the sea in Longqing.In the process of "Forbidding the sea and opening the sea",there were both conflicts and fusion between the customary law of private overseas trade and the state-enacted law of the Ming Dynasty.For example,the state-enacted law of the Ming Dynasty recognized the "mutual market" in the customary law of private overseas trade,which reflected the tension between the customary law of private overseas trade and the state-enacted law of the Ming Dynasty.This paper focuses on the evolution of the customary law of private overseas trade in Longqing Period.Among them,"private overseas trade" refers to the trade conducted by private maritime merchants with the help of maritime trade practices."Customary Law of Private overseas trade" refers to the trade habits and rules that are generally recognized,accepted and followed by private maritime groups in the specific field of overseas trade over time.The reasons for choosing "Longqing Period" are as follows: first,Longqing Period was the key period to break the maritime prohibition law,so private overseas trade was legitimate;Secondly,during the period of the Longqing Dynasty,there was a limited official recognition of private overseas trade,and "mutual market" and "Xijia Yaxing" in the customary law of private overseas trade were recognized and implemented by the state law.On the basis of this,the customs system of our country was formed.Thirdly,the foreign trade system of the Ming Dynasty changed fundamentally at this stage,and the tax system was basically formed.In addition to the first chapter of the introduction,this paper consists of four parts:The first part is the origin of private overseas trade customary law before Longqing opened the sea.It focuses on the evolution of national policies and institutions.First,it introduces the overseas trade in the Song and Yuan dynasties and summarizes the maritime prohibition policies of the Ming dynasties;Second,introduce the tributary trade system with political characteristics;Thirdly,it analyzes the "Japanese Invasion of Jiajing" under the background of the sea prohibition and the struggle between the sea opening and sea prohibition groups in China.The evolution of national policies and institutions is the institutional background of the development of customary law on private overseas trade.The second part is the development of the customary law of private overseas trade before Longqing Kaihai.First,due to the considerable profits of Marine trade,private maritime traders have formed four types of private maritime traders,namely feudal type,leased type,sole proprietorship type and joint venture type,under the pressure of maritime prohibition policy.Secondly,private maritime merchants then explored the way to go to sea by means of tributary trade and the formation of maritime merchant groups.Third,the contract is the expression of private overseas trade customary law,so the contract issues in private overseas trade customary law are sorted out.The third part is the customary law and national law of private overseas trade after Longqing opened the sea.It can be divided into three points: first,the interaction between officials and people and the efforts of the Kaihai school contributed to Longqing Kaihai;Second,after the opening of the sea in Longqing,the national law recognized the "trading" and "resting the family’s teeth" in the customary law.Third,the management of private overseas trade by national laws after Longqing opened the sea.For example,national laws stipulate private overseas trade ports and management organizations,and manage private maritime merchants.On the basis of the above three parts,the fourth part summarizes the influence brought by the evolution of private overseas trade customary law from sea prohibition to sea opening in Longqing period from three aspects: the change of national law from sea prohibition to sea opening in Longqing period,the dual policy implemented by Ming Dynasty on private sea power and the interaction between officials and people reflected in sea power,and reflects on it.The conclusion is as follows: The evolution of the customary law of private overseas trade brought changes to the legal system and legal thoughts of the Ming Dynasty.Only by forming a good interaction mode between officials and the people can the construction of maritime power truly benefit the country,the society and the people.While focusing on the evolution of customary law of private overseas trade in Longqing Period,this paper analyzes the implementation of maritime prohibition policy at the beginning of the founding of the Ming Dynasty and the necessity of opening the sea in Longqing period with the help of the theory of new institutional economics.On this basis,the conflict and tension between customary law and state-enacted law are discussed.