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Study Of The Contract Debt Law In Tang Dynasty

Posted on:2011-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2166360305950052Subject:Legal history
Abstract/Summary:PDF Full Text Request
This article will research one of the important and typical dynasties with social contract system-Tang Dynasty. It will discuss on the importance of social contract system. One of the effects is social contract system reflect civilization and culture of period from Tang to early Song Dynasty. Through social contract literature and culture review and analyzing social contract system, the pop culture will be shown in different view. Through studying the social contract system to get the feature of social contract system, so that the social and culture phenomenon can be examined as well.Historical investigate,analysis and contract, generalization of essence through phenomenon, system analysis and positive analysis.Structure:This article includes introduction and 4 chapters.Introduction will review the recent literatures and researches on social contract system and introduce the main researchers and their theorems. It will also explain the reasons for this study. Following that it will clarify the background knowledge and foundation theories for this study.Chapter 1 will show the development of tradition Chinese social contract system. It includes arise, development, maturity and improvement of contract system. Meanwhile, it will analyze the system from the function and value of the contract system.Chapter 2 will analyse the contract system from the view of format and content through studying the features of different contracts.Chapter 3 will focus on the contract culture under the contract system. Based on studying the contract legal case, it will mainly focus on format of perception and behaviour formed between the leadership and common people, so that it will further reveal the form of contract culture form morality, legal system, justice and people.Finally, the contract system in the Tang Dynasty general analysis and evaluation focused mainly on the sale and purchase agreement of the Tang Dynasty, the rationality of the system such as critical reflection on contemporary China's legal construction has important significance as reference.In the Tang Dynasty in China's feudal society, the commodity economy is always in the position of dependency and oppressed, but also by our own legal traditions limitations, contractual system and its theory has not developed to a very high level. However, the commodity economy is interlinked, ideology, social system and can not bring about major and decisive influence, and examine the back of the Tang Dynasty Tang Dynasty contractual instrument contract system, there are many rules, concepts, methods, still we are today economic development and legislative work learn. Through a comprehensive analysis of the Tang Dynasty contract system to give us a deeper understanding of the Tang Dynasty contract law as reflected in the relationship between clear about China's traditional political, economic, and culture influence people's everyday working life, learning to be so available, Kam Gu Yiming today. Tang contract system runs through the spirit of valuable contracts. Compliance, the emphasis on credibility, honesty is the Tang Dynasty in ancient China as well as through civil and commercial contractual activities to be run and to achieve power. Rule of law in contemporary China, to seek an organic combination of theory and practice, the new historical conditions to correctly handle the relationship between justice and interests, in particular, is to use legal means to guide the adjustment of the people's business practices, can speed up the establishment of a socialist society the integrity of the mechanism. In short, the Tang Dynasty in the history of revelation contract will certainly contribute to the achievement of China's rule of good law. I will be thesis topics of contract system as the Tang Dynasty, mainly because of the above considerations.
Keywords/Search Tags:Tang Dynasty, the Contract Debt Law, Contract Culture
PDF Full Text Request
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