Study On Litigation Of Huizhou Merchants In Ming And Qing Dynasty

We always consider Huizhou theory as"a team of Merchant and a system of doctrine", the related culture phenomenon attracts more and more Huizhou theory scholar. The traditional research emphasize particularly on history, economy, and social views. Ancient businessman limited on Stressing Agriculture Damping Business policy on traditional law point,they have special social class, so we should pay more attention on their social position and litigation actions. This thesis emphasize on litigation actions of Ming and Qing Dynasty by legal (law history) methodology, and try to inaugurate a new area of Huizhou merchants research. The whole paper will be based on the traditional legal cultural background of"Stressing Agriculture Damping Business"and"no litigation". The first article analyzes the economic, political and ethical legislation reasons why past dynasties'governor strengthen"Damping Business"policy on the"Stressing Agriculture Damping Business"background of traditional legal culture. This article will also survey the evolutive history process of merchant's social class on the same background. This part will get the conclusion that businessman'social is humble all along except short development in ChunQiu and Song dynasty.The second article is mainly about the legal culture factor why Huizhou merchants can quickly grow up on the background of"Stressing Agriculture Damping Business"policy in Ming and Qing dynasty: Huizhou Merchants changed the government's ideology of"the relationship of ethic and appetency",and they get the coherence between sophist and businessman, so they gain the idea—"new four-civil theory", all those theory above can be the subjective conditions for Huizhou merchants'growing up; With the development of market economy and the important help for government's finance, the governor of Ming and Qing Dynasty offer a series of law about"sympathize businessman", those law can be the objective conditions for Huizhou merchants'growing up; Because of less plow land and more people, life is difficult. the improvement of Huizhou clan law and offering clan wealth to support business can be social condition for Huizhou merchants'growing up. The third article discusses the government's main consciousness about"no litigation", but meanwhile litigiosity comes forth in Huizhou area. We can easily get the reason: people's social value idea changed, people's law consciousness improved, clan supported the business, the whole Huizhou merchants engaged in the litigation, and lawyer can give abetment petition. Then in this area though local government pushed village contract and moral value to influence people and set up a series of obstacles to restrain litigation, they didn't get good effect.The forth article analyzes the deep reasons why the lowest humble special colony—Huizhou merchants dared to"litigiosity": Firstly, the improvement of legal system offered the legal basis for Huizhou businessman attaching themselves to litigation; secondly, from business to sophist the Huizhou merchants had strong law consciousness; thirdly, Huizhou merchants can establish good relationship with feudal politicians, the most important point is that they can get government's protection.The fifth and sixth article introduces and analyzes all kinds'litigations of Huizhou merchants. This paper divides those litigations into there kinds in modern law view: the first kind is interests litigations between Huizhou Merchants and Huizhou Merchant; the second kind is profits legations between Huizhou businessmen and local people; the third kind is powerlessly litigations between Huizhou businessmen and government. The fifth article is about litigations between litigants and litigants who are on au pair law position. Because of enough wealth, they continued to engage in petition. The sixth article is mainly about unfair litigations between Huizhou businessmen and government, especially about Huizhou merchants of salt industry, who were trespassed and deprived property by government. This kind litigation speaks volumes for the humble social class of Huizhou businessmen in political, economic, and social area. In order to protect themselves the Huizhou merchants insist on attaching to feudalism politicians. They become feudalism business gang so that they declined at last. The essential reason of"litigiosity"is not for their natural character but for the social circumstance.The seventh article introduces us that Huizhou merchants experienced not only execrable management conditions but also corrupt social conditions. They had to attach to feudalism politicians on businessmen's own initiative, so they used to"litigiosity". As a result, here are there disadvantages as follows: more cost for management, lost of fair competition, and uncertainty risk beyond management.The eighth article reviews the history of western merchants'evolution, compares the differences between middle age merchants and Huizhou merchants, and analyzes the essential reasons of different fate between middle age merchants and Huizhou merchants by compared method. As a word said"history is a mirror", so we can get the different rules between Huizhou merchants and middle age merchants on the basis of thorough research. In order to deal with the relationship between governor and businessman in the reformation process of market economy, this paper will propose positive and negative experience of history.