| China is a country with 5,000 years historical and cultural traditions, and the government-run industrial and commercial legal system, as the most unique economic system in the economic structure of China’s feudal society, is part of the tradition of Chinese history and culture. The economic management idea for the government to control and intervene in the economy represented by the system has essentially the differences and conflicts with western liberalism economy theory. Today, China is taking the road of socialism with Chinese characteristics, and public economy plays a significant role in the national economy. Although the basis of its political economy is completely different with the government-run industry and commerce legal system in ancient China, it still has a special practical significance to study today by the ancient. Public economy is similar to the ancient government-run business legal system to play an important role in many fields: making country richer and military power stronger, concentrating do great things, increase international competitiveness, control of private capital, limit rich-poor divide, promote healthy and stable development of national economy, and so on, but sorts of ills of the Yuan government-run industrial and commercial legal system, particularly the scourge of the economic elite, the ravages of corrupt officials, are enough to cause people’s vigilance. This is also the main purpose for the author to choose the Yuan government-run industrial and commercial legal system to study.According to the author’s research purpose and the inherent logical structure of the Yuan government-run business legal system, the paper is divided into three parts, five chapters:The first part is the first chapter: the establishment of the Yuan government-run industrial and commercial legal system. Political and economic background, ideological and cultural conflict, property basis and legislative process, during the establishment of the Yuan government-run industrial and commercial legal system, are mainly analyzed in the chapter.The second part is the entity analysis section, a total of three chapters, namely, the second chapter: the legal regulation of the Yuan government-run manufacturing handicraft industry; the third chapter: the legal regulation of the Yuan government-run tax handicraft industry; the fourth chapter: the legal regulation of the Yuan government-run commerce. Based on the full possession of historical documents, in this part, first of all, from a static perspective, by comprehensive and systematic literature analysis, research the main content of the Yuan government-run industrial and commercial legal system, including the specific legal system, the operation mode, management standardization, main problems existing in the process of management and legal measures to solve them; Secondly, from a historical longitudinal point of view, by comparative analysis, investigate the emergence, formation and evolution of the main Yuan government-run business legal system in the historical process; Again, through the complementary research of typical cases, study the operation condition of the Yuan government-run business legal system and the effect of legal regulation.The third part is a summary assessment section, namely the fifth chapter: the review of the Yuan government-run business legal system. Mainly based on the analysis of the political economics basis, utilitarian value and the main shortcomings of the ancient Chinese government-run industrial and commercial legal system, summarize the main features and historical personality of the Yuan government-run business legal system, reflect its advantages and disadvantages, and provide historical reference for socialist legal construction of state-owned economy.The research of the government-run industrial and commercial legal system has been a significant weak link to legal history study, especially the study of the Yuan government-run industrial and commercial legal system, still can only say that it is at the initial stage. In terms of the domestic and international research condition, this paper is ground-breaking. In addition, the paper’s features and innovations include the following:First of all, this paper has a far-reaching purposive, but its topic is pragmatic. For the sense of the study, this paper focuses on a grand conception. It directly focuses on cultural conflicts of law of Western economic system of private ownership and public ownership of Chinese traditional economy, the Western free market economy and the Chinese government intervention in the economy, and not only highlights the purpose and significance of this study , but also for the study to determine the "living soul . " While as the object of study, this topic has a specific position, very practical, and pointed to the key. Chinese traditional feudal economy is an economy which is intervened in by the government, and the most fundamental tools and system for government to intervene in, lead, and manage the national economy is the government-run industrial and commercial legal system. Therefore, for this topic to the Yuan government-run industrial and commercial legal system as the research object, it is very obvious to see the“big”from the“small”, to know the“grand”form the“micro”. Secondly, the paper pays much attention to“the law in social life”and“the law running in society”. In this essay, the author is concerned about not only the legislative and certain legal text, but also the laws in society, looking at the law as a social phenomenon, namely the law’s application in society, social effect, and the mutual relations such as law and polity, law and economy. In other words, the paper is more concerned about "Living Law" research. Its specific embodiment is as follows:First, this paper not only pays attention to the Yuan Dynasty’s legal history text such as“The Yuan Dynasty’s Institutions”, "The Great Yuan’s legal system ", but also pays attention to collecting and analyzing a large number of memorials left by Yuan: notes, drama, poetry and other literature, mining "the legal facts”in social life.Secondly, this study not only is concerned about legal text and legal provisions, but also concerned about their legislative purpose, operation status and legal effect.Thirdly, the paper attaches great importance to the object adjusted by the law- social relationship itself. In the past, in the study of the history of the legal system, the legal system is always about itself, and the Object regulated by the law-social relation is neglected. The result is a list of a number of legal provisions, but the social relation which is adjusted by the law, is still known about little. This paper pays great attention to law running process. From the property right attribute of production material to labor source and their legal status, from the government-run economy’s management way to product, income distribution system, they are all included in the study field of this article.Fourth, this paper not only studies the social, political, and economic basis of the emergence, formation and evolution of the Yuan government-run business legal system, but also pays attention to research the role and impact on economic development and social progress, trying to give a reasonable evaluation about the social effect and the pros and cons of the Yuan government-run business legal system.Finally, in the paper the Yuan Official handicraft industries are divided into the two different types: the Yuan government-run manufacturing handicraft industry and the Yuan government-run tax handicraft industry, classification more reasonable, logic more clearly. In the past study achievements, either the manufacturing handicraft industry and the tax handicraft industry was referred to as an integrity and unity of government-run handicraft industry, and there are obvious differences between them for their different functions, purpose and the specific legal system, and it is not reasonable to confuse them, or the tax handicraft industry combined with the monopoly system was discussed, but the result was often only concerned with the monopoly system, namely the handicraft products circulation system, while the macro-control system, production management system and product distribution system during the production process wasn’t studied, even left blank, and it wasn’t very strict. Before the Yuan Dynasty, the government-run industrial and commercial legal system had been a unique economic system in the economic structure of Central Plain feudal dynasties. It originated in the Western Zhou Dynasty’s "industry and commerce food by government "system, and after the Qin and Han, Tang and Song, the system was gradually complete, and its content was gradually abounded, indeed along the same strain. However, its historical merits and demerits, the value of the pros and cons, it is the focus of controversy since ancient times. The Official Industrial and commercial legal system is always blamed because of pursuit of interests and harm to the justice, richening the country and hurting the people, overflow and loss under.The Yuan dynasty’s government-run industrial and commercial legal system was basically followed the old system.of Tang and Song dynasty. The government directly run and managed a large number of official business, whose main aim was still for the royal families and governments at all levels to provide a variety of consumer goods and luxury items, financially for the government to save a lot of money spending and acquire a large profit and tax income. However, because of its unique political, economic and national cultural backgrounds, in terms of value to the law, the Yuan government-run industrial and commercial legal system did not play its advantages but fully exposed its weaknesses, a hundred more harm than good. Study the specific reasons, and they include both reasons of political and legal environment where the system operates and the reason of itself defect. In general can be summarized as follows:First, the Mongolia political elites believed in the materialistic doctrine. The Yuan Dynasty is a dynasty when the Mongolia ethnic strongly ruled the Central Plain Han. As Yuan government in politics had an over-reliance on the Mongolia political elites, in economy tried to protect their economic privileges, and in culture believed in the materialistic doctrine, they always looked at the government-run industrial and commercial legal system as a useful tool to extract over-economic interests of the people, and only know from the people, not know benefit of the people. Secondly, unfair distribution was caused by the basis of familial property. The Yuan Official business, only in the business management legal system, inherited the management mode and method of the former dynasties. In fact, due to the different basis of property rights, its relation of production was an entirely different production relation with the Tang and Song dynasties’. Its distribution system was to concrete the principle of "to take all the world, sharing land and wealth”. This would inevitably lead to the proliferation of reward, financial deficits, and frantically squeezing the Han people.Third, it was unequal to execute the legal principle of "each in accordance with these common". Based on the legal principle, the Yuan Mongolian bigwigs continued to apply the free industrial and commercial laws of the big khanate period, and they was able to do anything to set up business, even some monopoly industry and commerce. This unequal rule of law made the political and economic role of the government-run industrial and commercial legal system to fight against local despots and control the rich merchants emerge.Fourth, it is backward to the business model of direct slavery. The first handicraft laborers of Yuan Official business were derived from the war prisoners of "only carpenter not be killed", and the Lord called them "drive mouth". After the Yuan was established, the Yuan directly slavery had always been the main government-run industrial and commercial forms. Although the Yuan Official business workers were not slaves, there was no difference under the country compulsory with slaves. Compared to the recruitment system, the purchase system in the Song Dynasty, the Yuan Dynasty’s slavery was undoubtedly a historical regression.Fifth, management supervision system was inadequate. From a purely economic analysis perspective, the biggest problem in the government-run industrial and commercial legal system was control, and thus it was very necessary to establish an effective monitoring mechanism, but such a monitoring mechanism must be both expensive and imperfect. In the ancient Chinese history, the government-run business legal system was not a good solution to this problem, especially in the Yuan Dynasty. Endemic corruption, seriously illegal exploitation, high production costs, operating inefficiencies, and such as institutional defects, were completely exposed in the course of Operation and management of the Yuan government-run business.In short, this paper treatise research methods and research results of law, history and economics as an organic whole. This study is about past, while thinking is about now, because I always had a belief: every country or nation is burdened with the past into the future, and the past and now are not only inseparable, but also can work together to build a better future!... |
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