Transformation Of The Role Of The Qing Dynasty Artisans And Its Legal Adjustment In Well Salt Industry Provided Of Capitalism As A Perspective (1735-1875)

Traditional Chinese legal history of mostly concentrated in the various stages of the dynasty of the written law, written Scriptures, particularly criminal legal system research, ignore, such as the Legal Department of civil and commercial concerns, this mostly comes from the long ancient Chinese law is the Dharma fitness, the concept of punishment without distinction. These years, China's legal history on jinfan's "Dharma co-exist, punishment had" a consensus, which makes legal history research interests gradually attention and in-depth study of the history of civil law, administrative law, economic law history and other fields, especially in Ming and Qing dynasties and commercial habits contract law aspects and had achieved notable results. However, after concluding that, against the Ming and Qing dynasties of civil and commercial law history studies concentrated mainly in the South region or to speak on the southeastern coast of civil contracts, civil trial and the textile trade customary rules on the inland areas especially in Southwest Research and commercial and economic law history very little; merchants business law research better, but it is ignored as a producer of labourers hired craftsmen of legal issues. Therefore, this article is subject to the direct labor and commerce in the Qing dynasty artisans as research subjects, Jiaqing to salt for the same period in the area well salt industry provided of capitalism as a perspective to justify a transformation of the role of the Qing dynasty artisans and their legal regulation, from salt artisan process of transformation of the role and its role in the transformation complete demonstrated include national law, order, the cell, and cases of these unwritten law on salt craftsman by external mandatory regulations, provided a craftsman role during the formation of salt craftsmen and salt merchants between contractual, adjustment, and the law provided inside the xingbang rule of artisans, spontaneous internal adjustment, the rulers in dealing with the regulatory framework provided a craftsman and merchants business rules both customary law, the balance between the freedom on judicial rulings. Full-text consists of six parts.The introduction of the demonstration in this article is part of the problem and its causes, as well as topics of significance, by current research on this article about the object of the review and understand the results, then you need to define the problems made this article on the scope of description, in turn, to introduce the topic of this article. The first chapter is mainly from countries of externality craftsman role. From the early Ming dynasty to the Qing dynasty artisans management system covered the legal reform, and then to craftsman by implication demonstrated the employment relationship, which discusses the laws of the Qing dynasty artisans implementation role successfully converted demonstrated legal effect.Chapter II into the legal regulation of the Qing dynasty artisans role of perspective—salt at the same time, to the South in the salt industry during the period of capitalism in the provided by legal analysis. Salt wells in the region to capitalism's legal reason to introduce its capitalism performance status, mainly by the early Qing dynasty Sichuan cooking source and transformation of the role of families and its embodiment of contract law to prove any transformation of the role of the salt industry constitute and their respective legal rights and obligations. Further to justify legal perspective provided role for South region well salt industry the decisive role of capitalism.Chapter III by legal relations from the partnership contract, leases of the legal relationship between the "sell"-centric du, bearing the first person in the salt industry contract of special effects, employment contract law, to detailed look well salt industry in southern Sichuan province during the Qing dynasty of capitalism provided role in the coordination of contract law, in these four aspects of contract law clarify the sexual habits provided craftsman by spontaneous legal regulation.Chapter IV focus on salt role conflict on the protection of legal rights provided and of judicial disputes of justification. Proof of content includes provided legal rights of internal security was the trade of xingbang-own coordination function and its properties, provided in the merchant of employers, and Governments in this kind of external role conflict of judicial disputes to maintain its own legal rights, provided the main focus of the well and businessmen of the coordination of judicial disputes actively legal effects had it is feeling and method of regulating and magistrates, an elaboration of proof of these aspects from the spontaneous salt craftsman xingbang, governing the adjustment and salt traders into regulations and commercial autonomy rule both customary law are adjusted, and the rulers of the balance for coordinating role.The conclusion part from the traditional patriarchal ideology of deep-rooted, "Chung this stunning dynasty" or "outs are heavy", retrogression of well cooker household baojia method, salt law tyranny and private salt four aspects to prove that the Qing dynasty, to the ancient period of Sichuan region well salt industry capitalism malformation of the legal background to the development of the road; and legal for the Qing dynasty autocratic well salt industry craftsman role of feelings, thoughts of the expression.