On The Contractual Spirit And Private Autonomy In Song Dynasty

During the Song Dynasty,the prosperity of the commodity economy promoted the prevalence of contractual relations and significant changes in the social class structure.The people of the society have obtained the identity in the law,and they have begun to enjoy the qualifications of the corresponding civil rights as the state's beneficiaries.Due to the significant changes in the subject of law during this period,more and more ordinary people in different classes have become parties to the contract.With the change of the main body of the legal status of the people,it will inevitably bring about the awakening of the corresponding rights consciousness.Different from the American contract theory,which is mainly based on the daily contracts related to public affairs in the public domain,the contract in the article is mainly based on the private transaction contract rather than the social contract expressed in the public domain.This kind of contract based on private transactions mainly pursues equality of values,equality of personality,and equality of forms.The main emphasis is on equal treatment of unequal people.The writing of this article is mainly based on the contract spirit and private autonomy of the Song Dynasty.Based on the research achievements of the predecessors,the author strives to show the contract spirit of the Song Dynasty and the private autonomy of the contract through the contractual transactions of the Song Dynasty.The Song Dynasty adhered to the covenant style of the times.It is hoped that this article will provide inspiration and reference for clarifying the issues related to the contract spirit of the Song Dynasty and for the development of the contemporary contract spirit.