The Study In Living-law Of Shan Xi Merchants' Culture

In recent years, we indulged in foreign cultures and transplant system, but ignored the traditional cultural heritage and transformation; there exist decay of morals in market economy, which destroyed the market economic order. While losing the moral support of the law, norms also appeared to be inadequate, it is difficult to create a standard and orderly economic atmosphere. Foreign culture and rejection of different systems alerted us to re-examine our own traditional culture once more time.The writer made some research about history of our country and found Shanxi merchants played a vital role in the history of world business. So, the writer immersed herself in various Shan xi merchant research literatures and found that connotations of Shanxi cultural are very rich, and Shanxi cultural possess multidisciplinary, multi-angle research value and aesthetic significance. However, many more researchers studied it from the perspective of history and economics, rarely from law. Due to this, the writer attempted to investigate Shanxi merchants' culture from the perspective of law. After the study, the writer believed that although Shanxi merchants' culture has not got modern meaning of the law, some contents have got universal meaning of law by transcending specific time constraints. Therefore, we explored the legal elements exist in Shanxi merchants' culture which can provide some reference value to establish the rule of law in modern society.Taking Ehrlich's "Living-Law" as a focal point, the thesis pointed out that the guide, regulates and rules of adjusting their commercial behavior, system and the practice in Shanxi merchants' culture is a kind of "Living-Law." First of all, the thesis excavated the legal value exist in Shan xi merchants' culture, and it includes some outstanding characteristics namely: the business culture is inseparable from justice; tenacious dedication stems from the excitation of the interest; standard operating environment based on the order of protection; sustained capital comes from the proliferation of maintaining efficiency; good business benefits from a harmonious atmosphere advocate. Secondly the thesis explored the stable and harmonious economic order on which Shanxi merchants relied to develop. This kind of order and procedure benefits from effective operation of Living-Law of Shanxi merchants, which concludes specific substantive rules and procedures. Shanxi substantive rules are hidden internal control rules-honesty and external regulation of the dominant rules-shop regulations, regulations; procedures means that carry out the "Living-Law" through mediating among trade associations in order to resolve disputes and protect their rights. Based on this, combined with practical conditions of our country, the writer got the following enlightens: Firstly, we should build laws of interests which can set reasonable authority. Secondly, we should clarify the relationship between the state law and the "Living-Law", in order to achieve better interaction between both of them. Thirdly, we should cultivate faith and ethic of market economy to establish law-abiding cornerstone. Fourthly, we should draw into honesty and trustworthiness mechanism, mediative mechanisms among association and perfect the diversification of disputing settlement mechanism. Finally the thesis put forward that the rule of law of Chinese need traditional Chinese culture's exploration and innovation to construct market economic law rules which are suitable to the national conditions of China with Chinese characteristics.