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The Legal System Of Foreign Businessmen In The Song Dynasty

Posted on:2011-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q J DuFull Text:PDF
GTID:2155360305482414Subject:Legal history
Abstract/Summary:PDF Full Text Request
In Song Dynasty ,many foreign businessmen came to China to trade.The people was so many that reached to an unprecedented scale, resulting in a number of cases involving foreign businessmen,the legal system came into being.This writing not only want to set out the basic system of commercial law, but also want to seek the underlying legal culture, including its legal culture created the background and the specific legal system, embodied in the legal and cultural traditions.The body is divided into four parts, according to Fan the French business culture and legal system in the background, the basic contents, characteristics and cultural traditions embodied in the laws for the sequence start discussion.The first part describes the legal system Sung-fan business arising from the legal and cultural context. Since ancient times the legal culture, especially in the economic legal culture mainly "righteousness" "profit" as the basic category and the commencement of the development, so the first part of the article primarily on the core concept of justice and interests to elaborate cultural background. This is based on the premise of Agriculture justice Akitoshi introduced the concept of justice and benefit the ancient Zhisong evolution.,Pointed out before in the Song Lee Shigeyoshi light and heavy commercial agriculture suppression of aboriginal business in China is not particularly encouraging, further highlighted by Song Si due to economic pressures, some political thinkers began to Yan-li, re-Yi Li and Yi-li uniform light legal thinking collide, Song At the same time the government during the actual operation of the overseas trade of the "profit" the pursuit of an unprecedented degree of aboriginal business in China trying to attract trade, in this context of Fan Song was produced by the legal system, with the relevant regulations and implementation.The second part is a specific description of the fan by the specific content of the legal system is divided into overseas trading system, living systems, the institution of marriage, property system, the judicial system, entering political stratum system of six parts, which launched a detail.The third part is that the legal system of the Song Fan provider characteristics, indicating its complete with the contents of an unprecedented, legislation frequently, actively protect the legitimate rights and interests of aboriginal business and give their autonomy, while also fully safeguard the four characteristics of national sovereignty.The last part discusses the fan business is embodied in the French legal system, cultural traditions. Here, the core concept of justice and interests still start discussion, but here the first part of the concept of justice and interests of justice and benefit point of view of different. The first part is the concept of justice and benefit perspective Tanxing standing in the agro-business operators or not, this part is standing on the perspective of maintaining the feudal rule of the legal system demonstrated the inherent legal culture. This section points out the Song Dynasty in China by the Government to actively attract aboriginal trade, appears to equal emphasis on justice and interests, but actually based on the subjective sense, but objectively speaking, in order to facilitate care of last resort is sometimes justice, study of this traceability, Lee is the meaning of services only Songting a means of achieving justice fills its culture is reflected in the law can at best be said to be Yili unity.
Keywords/Search Tags:Song Dynasty, foreign businessmen, legal system, legal culture
PDF Full Text Request
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