| The Paper selects the commercial legal system in Song Dynasty as study topic based on legal thought angle of view,using the longitudinal and the crosswise comparisons about market,monopoly and foreign trade regulations.The Paper explains that similarity and difference between the commercial legal system in Song Dynasty and Agent Chinese traditional law thought.Meanwhile,it is far different from the commercial legal system in the European Middle Age.In details,it shows two points:one hand,heavy business level is much higher in European Middle Age than in Song Dynasty;on the other hand,the rights of the commercial legal system in European Middle Age and the duties of that in Song Dynasty appear a sort of confronting situation.Based on the above explanation,the author hardly tries to draw the following conclusion:approximately from the 10th century to the 13th century,the West and the East were both experiencing one so-called "the commercial revolution" and formulated the unprecedented developed commercial legal system,but both was widely divergent from spirit and connect which were centrally manifested with this heavy business not that one,two levels confront of the right standard and the voluntary standard between the East and the West.The basic difference of the commercial legal system in the East and the West decided the later basic different development admission passage.Once prevailed for a time of Song Dynasty commercial legal system,it was closed forcefully in the later Ming and Qing Dynasties time,which was symbol of the outrageous order "the shutdown forbidden water".But the European Middle Ages commercial law followed the commodity economy development objective principle to continue to go forward in big strides.Just like Mr. HOU-jianxin said:"China and Western Europe have the solid difference. This kind of difference comes from the Opium War by no means time,also comes from the Qing Dynasty by no means.They all exist very early in fact about during Tang Dynasty in China and during the Western European dark middle ages".Meanwhile,the entire different development ways of commercial legal system between Song Dynasty and the European Middle Ages same time fully manifest the conservative and the seal in Song Dynasty commercial legal system,but the freedom and the opening in European Middle Ages same time commercial law.From this point, approximately from the 10th century to the 13th century,the disparity between the West and the East obviously gets to formation.The Paper is mainly made of five chapters and brief introduction of each chapter as follows:The introductory part mainly introduces the Paper's selected topic reason,the related research situation,the research scholarly significance and the research methods.Thus,the overall appearance of the Paper should be probably grasped.The first chapter mainly elaborates the Song Dynasty commercial legislation in the whole,pointing out its unprecedented developed characteristic and then,analyzing the reasons from commercial economic prosperity and political loose in Song Dynasty.This chapter mainly will further launch the elaboration for the later chapter to make basic upholstery.The next chapter mainly inspects that the Song Dynasty commercial legal system agrees with the traditional law thought.The following chapter elaborates the conflicts between the Song Dynasty commercial legal system and the traditional law thought,closely regarding the heavy business's core question.The forth chapter continues the upper one,mainly analyzing deeply the reasons why the Song Dynasty commercial legal system contradicts with the traditional law thought.New scholarly research way in Song Dynasty forms the whole counter-traditional ideological trend which is showed of the unification of rights and duties,also the same importance of agriculture and trade.All of that decides the counter-traditional color in Song Dynasty commercial legal system.From the first chapter to the fourth one,the author mainly explains the Song Dynasty commercial legal system based on the Chinese traditional legal thought angle of view from the locality.The fifth chapter begins to take the line of sight shift to the Western world,and selects European Middle Ages commercial law with Song Dynasty same time as approximately reference of the crosswise comparison discuss commercial legal system unique mental outlook between China and the West approximately from the 10th century to the 13th century from the broader thought field of vision.It is pointed that essence,content and form of heavy business thought have basic difference which forms basic circumstance of the right standard and the voluntary standard two levels confront.What's more,Song Dynasty absolute monarchy to rule as well as the European trade rare political interference creates the both way chosen different basic root.Thus disparity of commercial legal system between China and the West start to show which reveal strong or weak economic potentiality.Finally the conclusion part summarily shows that by own longitudinal comparison manifests the generation of characteristic of the conflict and the harmony in the Song Dynasty commercial legal system,By China and the West crosswise comparison appears absolute monarchy in Song Dynasty commercial legal system different from European Middle Ages one.Further the author supplements the explanation from two aspects:one hand,take Wang Anshi's political reform case to perspective overall situation of the suppressor and heavy business in Song Dynasty commercial legal system,on the other hand,analysis economic ethics thought root of chosen different commercial legal system between China and the West.The former lies specifically in attacking the big merchant and protecting the small-scale merchant about commercial reform measure in Wang Anshi political reform,the latter distinctively manifests the advantage of different understanding in China and the West.One hand,the utility thinkers in Song Dynasty initiates the advantage is still the prescribed interest rates,which is crowned head benefit in essence,on the other hand,the circle of thinkers in European Middle Ages starts to prove the rationality and the validity of individual personal gain.To some extent, The different economic ethics thought causes both commercial legal system in Song Dynasty and the European Middle Ages same time.All in all,approximately from 10th to the 13th century,both Chinese Song Dynasty and the European Middle Ages welcomed to the golden age of commodity economy development,and once made the highly developed commercial law,the basic different civilization development ideological between the West and China caused both obvious different commercial legal systems,which decided both different development ways,also the disparity will further enlarge in the later development.The once magnificent commercial legal system in Song Dynasty is shut off outrageously by an order of the shutdown forbidden water form the ruler in Ming and Qing Dynasties time.It is not issued proposed "the commercial war" until the 1860s-1870s from the reformists in China.At the initial period of 20th century,the first code of mercantile law dilatory is carried out in the throughout Chinese history,which is disappeared rapidly and let it go.In the contrast,the European Middle Ages commercial law following the commodity economy development objective principal continues to go forward in big strides,forms independent code of mercantile law in the Western modern times society,displays effect of its enormous promotion on commodity economy development,finally welcomed to full development of free trade in the West in 19th century.Through the crosswise comparison between China and the West commercial legal system,China obviously lagged from the Europe about for several hundred years.To Point out this,we can neither improperly belittle oneself nor stop our foot,what we must do is to find out the disparity and absorb profits and lessons from the experience of history.It is believed that our country will catch up with the West powerful nations certainly not to be far!...
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