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Analysis. Qing Dynasty The Huishang Partnership Contract

Posted on:2009-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:H X LiFull Text:PDF
GTID:2206360248951141Subject:Law
Abstract/Summary:PDF Full Text Request
One business model of "partnership business management" is usually be called "He Ben" and "Lian Cai" in historical data, and this model can at least be traced back to 2000 thousand years in Chinese "Chun Qiu and Zhan Guo " period. Several thousands of years, it is said that Guan Zhong and Bao Shuya had gone into partnership management and Bao Shuya gave his benefits to Guan Zhong in our country. The partnership management in the Chinese ancient business developed till Han Dynasty had already completed. Its mainly symbolizing is that going into partnership need that making contract with each other, so that contract can be supervised each party of contract concerned. After Sui and Tang dynasty, going into partnership business was more popular. And in Qing dynasty, going into partnership business prevailed, and it was involves more domains, more wide and also it become more norm than before. ,At Qing dynasty, not only it had already appeared the business example of the "go into partnership" in the miscellaneous book, but also making contract of partnership had been turned to social norm stage. This kind of contract ruled both parties' right and originally, and it was always used by Hui merchant for many years in Qing dynast. The development of partnership business contract was the result of economy, social development. Off course we can benefit lots of things from researching partnership business contract to knowing more about Qing dynast' s law system civil and business .This article is based on a contract of partnership which was contracted by five businessmen such as Chen Zhenzhi etc. to setting up a foodstuff commence. First I analyses the partnership contract from historical data and introduce Hui merchant' s partnership in Qing dynast and compose items of the law of partnership contract. Then I summarize the type of Hui business in Qing dynast. At last I compare partnership contract and agreement for work, borrow contract, and discuss partnership contract meaning to Hui merchant the meaning of principle of business management. I hope that this article can do some benefits to Hui merchant at Qing dynasty by researching partnership contract.In addition to preface and conclusion, the article is divided into five parts.The first part is the sum of partnership contract of Qing dynasty. First this part introduces Hui merchant, and immediately elaborate to the creation and development of partnership of contract. Writs of State Hui provided a knowledge premise for partnership contract of Qing dynast. Then it introduce the differences between "contract" and contract in Qing dynasty. Also it tells the reason of partnership writ was called contract at Qing dynast and load writ "contract" . It finally introduces the state Hui's writ research present conditions, and clarifies partnership contract belong to the research of state Hui's writ.The second part illustrate the law constitute items of partnership contract from a typical model of Hui merchant' s partnership. We can know partnership contract of Hui merchant clearer and more profound from copartners, meaning, capital etc.The third part introduces types of partnership contract. According to whether copartners invest the same money partnership contract can be divided as an equal amount of shares contract and an unequal amount of shares contract; and according to the copartner' s relationship, it can be divided as blood and non-blood relationship partnership contract. Classified contract will help us to understand it more profound.The fourth part one hand from the personal status, job of partner, waxed and waned to assign these three aspects to compare partnership contract and undertake contract, and point out these two kinds of management method can convert. on the other hand Putting forward that from the contents, benefits relation and the law risk elucidation differences between borrow contract and partnership contract, and opposing some lending contract are classified into partnership contract.The fifth part mainly addresses the influence and the meaning of partnership contract of Hui merchant at Qing dynast. With understanding partnership contract of Hui merchant at Qing dynasty, we can see that it strengthened Hui merchant's legal system idea, a community performance; it also accelerated a capital backlog, strengthened ground blood relationship; Also it provided a help to the research of concrete historical, and draw lessons from a function to the contemporary and social principle of management.
Keywords/Search Tags:Qing dynasty, Hui merchant, partnership contract
PDF Full Text Request
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