Research On The Ming And Qing Dynasties Legal System Of Labor Relations Of The Origin Of Capitalism

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.During the Ming and qing dynasties question of the origin of capitalism has been research emphasis and focus in the economics,history,law,is usually focused on the several aspects:First,when capitalism origin and the phenomena in China?Second,contribute to the main factors of the origin?Why the origin of phenomenon in the jiangnan region is most significant?Third,the origin of capitalism in China,but why cannot thrive again?Some scholars think that is the new production relationship due to the development of productive forces,contributing to the origin of capitalism.But due to the labor productivity decline,hand tools improve slowly,and behind the world level grdually.And scholars believe that,due to the dominance of the small-scale peasant economy in feudal society and the central government scorn business ideas,suppression of the origin of capitalism in China not to continue to develop.The early stage of the qing dynasty,there is no doubt that the jiangnan areas is the most prosperous regions in the development of cotton weaving industry.The develo-pment of the economy,promoted the growth of employment.Cotton woven,must through the dyeing,finishing,such as light,so that they can enter into the market as commodities.And Chuaijiang(labor working on the last process of the cotton cloth)as this work does not need technology,and hard work.So that the cotton cloth businessmen how to manage the Chuaijiang and the law of the government have an impact on the development of the origin of capitalism.During Ming and Qing dynasties in JiangNan area,modernization of production emerged in stamped-cloth Industry.In th is process,the cotton merchants dominated the production process with huge capital advantages such as provision of production facilities,distribution of cloth and recruitment of artisans.The workers in the workshops were closely monitored by local governments,while workshop owners acted as the government,sprimary regulator but were also under strict government supervision.And the relationship between production and management in the cotton industry in the Jiangnan area,in order to Chuaijiang.And Chuaijiang(labor working on the last process of the cotton cloth)as this work does not need technology,and hard work.So that the cotton cloth businessmen how to manage the Chuaijiang.and comparing to the evolution of British labour law the state took an active attitude in the interference,which can be found in the related laws.Those laws regulated the wages,working time,employment,the labor flow,the settlement of industrial disputes and so on.This kind of interference is based on paternalism and the aim of which is to keep the benefit of landed class and the society.Then,mianly compare the law of Qing dynasty about Chuaijiang management to the labor of England,so come to conclusion that the same point of them is that the aim of the law is to mainten the interests of the ruling class.The differences are the characteristics of the labor of England.The conclusion is that the wage ploicy of the United Kingdom had experienced such stages of legislative quotas,laissez faire,and the colleetive bargaining between the employers and the employees.These changes relceted the transformation of the government's labor poliey--from the employer first to the equality between the employer and employee,and from economy first to the humanitarian concern.