The Study Of Market Legislation And Credit Problem In Song Dynasty

The historical process of social development is the process of social system and country's rise, development, and changes and also the process of social form's transition from one to another. The law is rooted in the social economic life and changes social and economic life, the market law of Song also does so.The two Song Dynasties in the Chinese ancient social history is in the new stage of development, economic base and superstructure changes will promote people's change of ideology, the corresponding market legislation was developed and enriched, this period become the active period. The credit problem is one important component of Song Dynasty Commodity Economy, which relates to the political, legal, economic and other social relations. The fast development of Song Commodity Economy promotes the credit behavior of large produce, market legislation will inenvitably arise in the regulation and restraint of law, which will provide legal protection and support for the further development of the Commodity Economy. Therefore, the credit content, type and legislative problems are the importment contents which can't be ignored in the market legislation of Song Dynasity.This paper is divided into four parts.Guided by historical materialism method and on the basis of other scholars study, this paper conducted collation and analysis of the relevant historical data and carried on more analysis and discuss on the market law and credit problems.This paper Represents the property circulation patterns in social economy of Song Dynasty and induces the government's legal intervention and specification on market behavior and credit behavior.In the first part, this paper defines firstly on the legislative concept, market scope and credit categories, and takes which as the breakthrough point to conducted further research on the free market legislation, monopoly market legislation, overseas trade market legislation, and its related problems such as usury credit, credit legislation and legislative bill legislation.In the second part the paper discusses on the free market management legislation, business management, product quality, price, and weights and measures of control for a concrete investigation. Pointing out the government to relax the control to the market, improve the social status of businessmen and the expansion of the market, in the market access and the price also has hitherto unknown breakthrough. The management mode of evolution as" centralized decision-making and market regulation "pays equal attention to indirect regulation, to obtain economic benefits and limitations of the dual purpose of merchant capital.And it talks more about the franchise of market and management legislation. Taking Jinque products of Song Dynasty as the breakthrough point, it undertakes concrete analysis on the salt industry, tea, wine, alum, ore and other monopoly legislation. This paper Pointed out that the Song Dynasty monopoly legislation while complex, lack of stability, but total trend is from direct to indirect monopoly, from businessmen, official sales, government only, to the supervision of the government, shipping, business marketing, business benefit change of direction. It discusses the overseas trade market and its management legislation. It conducts specific analysis of the Song Dynasty's city ship body functions and the city ship of the specific content of law. Its content mainly includes institutional settings, entry-exit inspection, permit system, taxation and foreign business to attract, management etc.Noted for its emphasis on adjusting and standardizing government between the operators and the longitudinal legal relationship, neglect between the operator and the transverse legal relations; national monopoly is the essential feature of its overseas trade legislation, the legislative content and the adjusting object of single and did not become a system.In the third part, this paper points out that the basic credit behavior of marketeconomy includes the usury and commercial credit. Usury makes two times allocation of social funds, and, to some extent, because of the demand for money to meet lenders, it temporarily cushion the social unrest. But because of the interest rate is too high, it blocked up the development of commodity economy in the Song Dynasty. The commercial credit existed not only in the field of consumption but also developed into the circulation and production areas, which reduced the transaction cost, accelerate the circulation of commodities, promoted the rapid development of commodity economyIn the fourth part, it pointed out that the Song Dynasty land commercialization promoted the rapid development of commodity economy. Suiting with this photograph, more community members as equal subjects took part in commercial law activities. The changes of Economic and political system promoted the corresponding changes of ideology. And then, thought transformation came from the traditional none interests to heavy benefit and justice which laid solid foundation for credit behavior increase and credit legislation strengthening. In Chapter two, it discusses the application of Song Dynasty credit in the market credit legislation. The rules of Song legislation on the official ruling usury must be clear in capital source, time limit for repayment of loan, interest calculation method. On the private usury, it focuses on borrow lenders limit and the loan interest rate regulation. Commercial credit was handled almost in accordance with the ordinary debt disputes, wherein the market exchange law, monopoly law of tea, salt and wine were useful complement to the Credit law. Imperial court used legal forms to interfere and manage the category, prize, way of circulation of Jiaoyin, Jiaozi and Huizi, which produced far-reaching effect on Ming and Qing Dynasties' legislation and was the important origin. But since the Southern Song Court disregarded the rules of commodity economy and destroyed financial and monetary system wantonly, the country economic collapsed.As everyone knows, the law is based on certain social basis of the superstructure,the nature and law of development are determined by the social economic basis, but it will react to the economic base.The rise of Northern Song Dynasty's economy and the collapse of Southern Song Dynasty's regime proved the law of historical development.China's modern market legislation learned more from the western modern commercial law theory and system, but the impact of traditional Chinese system and theory on modern society still exists. We should not only absorb the western advanced market legislation and the concept of law, but also pay more attention to the study, analysis and reference of the Chinese traditional system. We should comprehensively understand the gain and loss in the development process of Chinese legal system to establish the legal system with Chinese characteristics suiting for the development of commodity economy...