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Law Tradition Originated In Lifestyle

Posted on:2018-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:G SongFull Text:PDF
GTID:2346330542961608Subject:Legal history
Abstract/Summary:PDF Full Text Request
In primitive times,agriculture was the fundamental way which the Chinese ancestors could survive by.To protect agricultural civilization,countries were formed.At the beginning of its birth,it is also responsible for the protecting agricultural lifestyle.Therefore,in order to promote the development of agriculture,the country used legal means to develop a number of systems in land management,farming management and so on.At the same time,the country also wants people to live in the way accordant with agricultural rules,thus the country established those agricultural lifestyles featured in settle,regular and the Pattern of Difference Sequence etc.by law.Ancient China is always a country based on agriculture.In the early time,the interdependence between the country and agriculture made the law contain a strong agricultural characteristic,which becomes the origin of "Emphasize Agriculture" tradition.Furthermore,the early law was a legal system based on the means of agricultural lifestyle.Agricultural society has some inherent defects such as a relatively concentrated property,material flow inconvenience.On the one hand,these gave birth to the demand of exchange;on the other hand these also promote the development of social commerce gene.In agricultural society,commerce is not only a powerful tool to make up for its internal shortcomings,but also an important role in ensuring the survival and development of agricultural society.Based on the value of agricultural-oriented pursuit,the country aiming the commercial sector has taken policy of the laws such as restrictions on the scope of goods,restrictions on businessman groups and regulations of the commercial marketing to ensure that commerce play a due role in the overall development of country and society.Long-term implementing agricultural logic in the commercial management of laws and policies,led to the restriction on the commercial development,and also led to the opposite situation between agricultural and commerce.There are some phenomenon of agricultural and commercial opposition: agricultural and commercial industrial status competition,the tension between the state and the market,the value differences between scholar-officials and businessmen group.In the context of opposition between agriculture and commerce,the country has implemented a large number of commercial suppression laws for the protection of agriculture development.The specific content of the commercial suppression laws is not only in the social evaluation,social status to belittle the businessman,but also includes the adoption of heavy taxes,squeeze commercial profits to limit the commerce development.Based on these contents,the commerce lifestyle is the truly object which is suppressed by the commercial suppression laws.The political purpose of the country implementing laws and policies is to "expel businessman to become the peasants" and guide people to live in an agricultural lifestyle.As a result of the long-term inhibition of commerce lifestyle,it made ancient Chinese society caught in a dilemma where the social system is secluded and the political community rigid.Finally in the eve of the modern world China is gradually surpassed by the other countries.This is also the most far-reaching impact of the policy of imposing commerce on ancient China.Based on this,although the legal traditions rooted in history are vitally important to the development of specific social stages,it can hamper the sustainable development of society if it is self-styled and institutionalized legal traditions.The State should not control people's lifestyle more than the necessary limits,but maintain a neutral,objective and modesty attitude,and treat different lifestyles in the same way.Only in this way,the society can be able to maintain a strong vitality during the diversified pattern and truly achieve sustainable development.
Keywords/Search Tags:Stressing Agriculture and Restraining Commerce, Agricultural and Commerce Contradict, Life style, Agricultural Country, Law Tradition
PDF Full Text Request
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