The Research Of Caoyun Law In Tang Dynasty

Caoyun is a kind of Water transport which means under the premise of endogenous underpowered, rulers monopolize water transport technology to maximize the benefits of the right to tax. The "Caoyun Law" refers to the unified monarchy authoritarian regimes use the natural or artificial waterway transport supplies local taxes to the country's political center in order to protect the stability of the implementation plan of tax revenue.The history of Caoyun law before Tang Dynasty can be divided into three stages,the pre-Qin is the stage of budding Caoyun law, the Qin and Han is the start-up of the Caoyun law, and Sui Wei is the growing water transport law. Due to the expansion of financial expenditure, the rulers launched a campaign to reform water transport law in the mid-Tang Dynasty. Since then the Caoyun law officially become an independent,specialized financial legal department which contains the regulation of fixed position,stable transit time,stable transportation amount,and stable legal system.The essence of the organizational process of water transport is that forcing the outdated technology to adapt to advanced systems. Since the market is not perfect,this process costs arising from reliance on government finances. There are two kinds of these costs, one named the Foot Value(FV), the other named Loss(LO). The FV means lack of technical, and the LO means lack of regulation. The rulers had tried four types of measures to reduce these costs. These measures called waterconservancy, temporarily take grace on East capital, the torture law, and the macro-control. They are different, but they can help us reaching making good conclusion of the development of Caoyun law in Tang-Dynasty.The governing body of Caoyun law in the early Tang Dynasty consists of six departments. It cause information asymmetry. After the reforms, the Law enforcement agencies changes from the hierarchy system into networked governance structure. But all of these had been ruined by the dependent on the path.In the combined effect of unreasonable distribution structure and unclear legal responsibility norms, the incentive failure had became one problem of Caoyun Law in Tang Dynasty. There are two kinds of solutions on this one. The first is to use diversification incentives to enhance the enthusiasm of the members. The second is to use the criminal law to suppress revolt. Clearly, the effect of the first measure is better than the second measure.There are two types of risk on Caoyun behavior of Tang Dynasty. One is natural,the other is human. But there also exist two kinds of solutions to control these risks.The first method is that the essence of the division of labor which is called the transhipment warehouse system, while the other emphasizes zero-sum game. Due to the diversification of risk has become an important feature of the Tang Dynasty Caoyun Law, hierarchical system of government should develop more decentralized risk control rather than centralized ones.The development process of Tang Dynasty water transport law can be divided into four stages. One is the simple stage, the second stage is annoying fees, third stage is reform, four are fading stage. Operating Principles for water transport law in Tang is executive law-making. As the result, a new legal system replaced the old legal system composed by four types of law named Lu, Ling, Ge, Shi. Regulation and convergent are two kinds of functions of the Tang Dynasty Caoyun Law. They will produce different legal effects under the guidance of different legal spirit.