The Study Of Legal System Of Market Management In Law And Code Of The Ming Dynasty

Commodity economy and market management has always been a hot academic research. Ming dynasty in China's feudal society of late, a budding capitalist, market management of the legal system, particularly the law and code, and other major markets in the management of the legal system , Will have to adapt to accommodate the economic patterns of this historic changes and, in turn, have their positive or negative impact. At the same time, the middle, the turning point of change in the social, political corruption and the growing economic co-exist at the same time the continuous development, leading to the phenomenon of anti-conventional, in addition to socio-economic transformation, both old and new political and economic forces, such as the reasons for conflict movement, market management The legal system is also an important factor. Therefore, in-depth study of the Ming dynasty legal system of market management Code of the rule of law, not only to explore China's ancient rules governing the development of the rule of law, the essential character, absorbing the ancient civilized legal system has great significance, but also for the vigorous development of the market economy today, modern building the rule of law, can also provide Useful reference.In this paper, the use of historical analysis, methods and sociology of law and economics methods of research methods, described in more complete legal code in the Ming Dynasty market management elements of the legal system on the basis of its legislation and the status of implementation to make up for the current academic In the legal system in the field of history, the lack of system deficiencies.The main contents are: Introduction, in a clear, "the market" and "market management the legal system" concept, under the premise of the Legal Code on the Ming dynasty in the legal system of market management status, the value of research, the scope of the study, aimed at the outset, targeted. Part I, outlining the market before the Ming Dynasty of the historic evolution of the legal system management, market management to understand the legal system continuation of the development process. Part II, introduced the Legal Code of the Ming dynasty in the creation of the legal system of market management of social background, guiding principles and legislative profile so as to help more comprehensive understanding of their historical value. Part III, the main operating from the market and trading on both the object described in the Code of the Ming dynasty law legal system of market management elements. Part IV, from the market order management and trading on both the Legal Code of the Ming dynasty in the market management the specific provisions of the rule of law and the first part of the contents of the Legal Code of the Ming dynasty in the market management to conduct a comprehensive legal system, the system's draw. Part V, on the basis of the foregoing analysis, summarized in the Ming Dynasty Law Code of market management of the implementation of the legal system and its characteristics, and applying the economics, sociology and law of the French chemical method reveals political factors, cultural factors and customary law and so on Law Code of the Ming dynasty in the legal system of market management the positive and negative effects. Part VI, the Legal Code of the Ming dynasty in the evaluation of market management in the legal system the status of the history of China's legal system, exploring its practical significance and contemporary inspiration.This paper concluded: As the development of commodity economy and the emergence of capitalism infancy, the Legal Code of the Ming dynasty in the legal system of market management has been transformed into an open management model, location and time is not one of the most important factor; Secondly, the Ming dynasty Law Code of market management in the legal system inherited the old system, based on the initial formation of a reasonable standard, the complete contents of the legal system than the previous generation have been making considerable progress. This, however, a complete set of mature legal system in the middle after the country's economic life and legal life, the effect is not obvious: the Legislative seriously lagged behind in economic development, the market changes very little in the many legal Code of market management in the legal system The new law was replaced by the text, thus resulting in the latter part of the Ming dynasty in much social neglect; All political objectives into the market management the primary objective of the rule of law, together with the officials do not abide by the law, undermine the legal system of market management, severely limit the further development of budding capitalist. So, draw lessons from their experience, modern legal system building, not only to the needs of the times, and timely legislation, and should, in carrying forward the tradition of the legal system on the basis of innovation, more importantly, the formulation and implementation of laws must conform to the basic law of economic development Rather than political priorities.