A Study On The Practice Of Commercial Disputes In The Late Ming Dynasty

In traditional Chinese society,there existed partnership, carriers, intermediaries and other types of commercial disputes. These types of disputes are different from those traditional civil disputes like married, land-based and so on. It is more reasonable.to classify these into commercial disputes because the disputes subject is mainly businessmen. Studies in the past focused on marriage and land disputes, paid less attention to commercial disputes.So the author choose the title of commercial disputes settlement practices in Late Ming Dynasty, and choose commercial disputes cases from Mengshuizhai Cundu,which was written in Chongzhen Verdict,as an example to carry out the reasearch.In the introduction, the author Introduce treasons for the topic, Existing research results, the reasearch ideas and the main sources of data. In addition to the introduction, the main structure of this article is divided into three parts:The first part briefly describes the Mengshuizhai Cundu’s author, the text feature, the features of cases included, related concepts on commercial affairs and introduce types of commercial disputes cases in Mengshuizhai Cundu.The second part is the central part of this article,the author select representatives of commercial disputes cases from 1438 Verdict in Mengshuizhai Cundu, draw the behavior of commercial classification method to classify the type of the study, carrying out a combination of methods to conduct research, for the reason of disputes and handling practices among traders in Late Ming Dynasty. Carry out studies from reasons of disputes to settlement practices on sides of commercial partnership disputes, commercial lending disputes, commercial disputes carriers, intermediaries and commercial disputes and commercial disputes from commerical rules dispute.The author also notes that Mengshuizhai Cundu contains commercial disputes between officials and businessmen, and the subject of the disputes is necessary for the businessmen and have direct impacts on the interests of businessmen, so the author set a single passage for the study from reasons of commerical disputes between officials and businessman from causes of disputes to settlement practices.The third part describes the settlement practices of different commercial disputes in Late Ming Dynasty The author summarizes reasons of settlement for commercial disputes includes statutes, written contracts, commercial habits,business situations and reasons. Different types of commercial disputes have different reasons of settlement. Neither commercial disputes settlement practices take reasons as roots and consider the statutes,nor stick to the written statutes to referee cases. The common settlement practices is to combine principle and flexibility of the cases.Commerical disputes sesttlement practices in Late Ming Dynasty reflect improvment of rights law status of businessmen in that period.The social business trends is ideological origins to push the promotion of rights law status of businessmen in Late Ming Dynasty.