A Statement On The Legal System Of Yaren In The Song Dynasty

In the whole ancient China,the society of Song Dynasty was relatively open and prosperous,and the commodity economy was relatively developed.Meanwhile,the Yaren system was relatively perfect.The Yaren,the transaction intermediary broker,of which the earliest name in ancient China was Zang,is aim to review the price,to facilitate transactions,which plays an important role in the activities of commodity economy.These concepts of the Yaren,eyewitness,guarantor,and the matchmaker are both related and different.According to the different standards,the Yaren can be divided into different types:the official Yaren and the private Yaren;the full-time Yaren and the part-time Yaren;the industry Yaren and the non-industry Yaren.According to the laws and habits of the Song Dynasty,the Yaren has the right to earn the commission,and this commission is Yaqian.In the trade,the Yaren must abide by the principle of honesty and credit,and do not violate the relevant laws of the country.The Yarens have professional access conditions,and they have to hold the Shenpai when they practise.The Yarens have their business places,which are called "Didian" or "Tafang".In order to standardize the market and promote the proper business of the Yaren,there is a system of reporting and rewarding.The people are crazy about Yaren industry because the profits of Yaren industry are easy to earn and the risks are low.According to their status,the political and social status of the official Yaren is the highest,which is higher than that of the private Yaren,and higher than that of the businessman.The businessman is higher than those of the private Yaren.The full-time Yaren or the industry Yaren is higher than the part-time Yaren or the non-industry Yaren.Generally speaking,there are three links or three functions for the Yaren to participate in the transaction,that is,to engage in intermediary,to negotiate price and to check quality.The Yaren participate in the land and house trading.First of all,verify the legality of the seller's ownership and the blemish of the rights by consulting Jiushu and Zhenji.After confirming the seller's property rights and no rights defects,The Yaren will search thebuyer in the legal order.Last but not the least,conclude the contract and pay taxes.During the trial,the contract is an important documentary evidence,and the Yaren is an important witness.The employment of labor requires a Yaren and an employment agreement,in which records the term of contract,the price and the way of payment.A legitimate population sale requires the participation of Yaren,the conclusion of contracts and the transaction of Shiquan.However,some Yarens are also involved in or engaged in illegal population abduction.There are two functions of the group Yaren in the Song Dynasty.One is the function that Yaren involving in the transaction,namely,the intermediary function and the guarantee function.This is the basic functions of the Yaren.The intermediary function is the innate duty of the Yaren,while the guarantee function is accompanied by the emergence of an intermediary function.In the Song Dynasty,there had been a case of security with a Yaren's property as a transaction.The other one is the function that Yaren participate in dealing with government affairs,that is,the management function.The Yaren system in the Song Dynasty promoted the development of the commodity economy at that time and promoted the prosperity of the Song Dynasty economy.At the same time,the management of auxiliary government affairs is beneficial to the operation of the state machine.But it also brought some drawbacks,which bring harmless to morality,economic order,the rights of civilians,and the management and prestige of the government.However,the Yaren system in the Song Dynasty is more advantageous than the disadvantages,and should be fully affirmed.