Research On The Account Purchase(Tally Trade) Contract Of Juyan Han Bamboo Slips

The common sense and jurisprudence of ancient contracts have a positive effect on the stability of traditional Chinese society and reflect the experience and wisdom of ancient people.Contemporary society is a "contract society",the construction of harmonious society and the rule of law of China needs us to cultivate rules,integrity,rights,equality and other consciousness.Among the various kinds of contracts in ancient China,the jeonse purchase and sale contracts in Juyan of Han Dynasty showed social relations and regional characteristics.Based on the collation and analysis of Shimai(mai)contract of Juyan Han bamboo slips,this paper takes more than 30 relatively complete shimai(mai)contract documents and 40 other documents related to the subject as the main materials,and analyzes from the perspective of law on the basis of history and reality.Through semantic analysis and comparative analysis,it is found that the name,form and connotation of shimai(mai)contract are constantly changing.Through exploring the social background and historical environment at that time,it is found that the characteristics of shimai(mai)contract in the course of its development are such as unitary shimai(mai),"harmony but difference" from Central Plains,paperwork and standardization of the contract,and attention to human participation.By summarizing the legal basis of shimai(mai)contract in terms of habit,integrity and law,it is found that the historical limitations of shimai(mai)contract are not equal,lack of guarantee consciousness and low degree of shimai(mai)law.Criticizing and inheriting is our proper attitude towards history,and the interpretation of jeonse purchase(sale)contract allows us to ponder the conjuncture between jeonse purchase(sale)contract of 2000 years ago and contemporary legal construction from the perspective of modern jurisprudence,thus providing references for the execution of contemporary contract and dispute settlement,such as valuing credit,valuing equality and perfecting system.