An Study On The Concept Of Corporate

Economists firstly put forward the concept of "community of common wealth".This concept was later introduced into law and anthropology.In the Ancient Law,the English legal historian Maine put forward the concept of "corporation".Maine USES historical and anthropological materials to illustrate legal issues.Therefore,ancient law occupies an important position in the history of world law and anthropology.At present,both jurisprudence and anthropology regard ancient law as a typical work of legal anthropology.Evolutionary anthropologists such as Mc Lennan,Morgan,and Westmark continue to demonstrate the concept of a " community of common wealth." In the middle and late 19 th century,law and anthropology(including ethnology)had a good interaction.In discussing this academic concept,jurists and anthropologists draw on each other's ideas and materials.After that,in the field of law,the concept of corporate has not been developed and improved.But the concept of corporation has become a hot topic in the field of anthropology and ethnology.Corporate has become a hot topic because of the emergence of structural-functional school.The structural-functional school continues the interest and tradition of evolutionary anthropologists and ethnographers.The structural-functional school tested the concept of "corporate " of Maine with the practical experience around the world.Fundamentally,the concept of corporation is very similar to structural functional anthropology.In the west,functional anthropologists Rivers and Radcliffe brown used this concept to study genealogical systems around the world.Later,they brought the concept into the game.Lin yaohua,Hu Hsien Chin,Friedman et al.used this concept to study the han Chinese lineage.Qu tongzu was influenced by Maine et al.Qu tongzu is a jurist and anthropologist.Qu tongzu did not conduct field investigation.He used ancient Chinese legal history(including court criminal records from the Ming and qing dynasties)to argue the point.Qu tongzu did not explicitly use the concept of "corporate ".But in his study of Chinese law and society,the connotation of the lineage is the corporate community.After world war ii,the Japanese jurist Shigeru used the term "cohabitation and common wealth" to describe the Chinese family system.And he emphasized in the preface of his book that he was studying the history of Chinese law.In the late 19 th and early 20 th centuries,German sociologist Max weber also analyzed this concept in his book Confucianism and Taoism.In a word,scholars at home and abroad have taken 'common property' as the core element of the lineage.They all highlighted the importance of 'common property'.I understand previous research.I build on the Ancient Law of Maine.This paper studies the practice of a lineage in northern China.I study the communist practice of a village lineage in jiaozhou,Qingdao city,shandong province.I explained the existence and evolution of "corporate ".Specifically,the primary purpose of this paper is to verify whether jiaoxi xu's is in line with the definition of corporate financial group.Corporation is an agnate group formed on the basis of blood relationship in a certain region.It had common property(temples,shrines,fields,woodlands,tombs,etc.).Members have rights and obligations to these common property.Based on this definition,the author studies the Xu's lineage in Jiaoxi.This paper studies the problem of Chinese legal history.This paper is a combination of Chinese legal history and anthropology.This paper focuses on both literature collection and field investigation.This paper is divided into five parts: The first part is the introduction.This part sorts out the concept of corporation.In the second part,the author demonstrates xu's organization and common property.The author demonstrates the historical evolution and formation of Xu's legal person group.The author verifies the two core elements of Xu's family in jiaoxi.The author proves that the Xu's family is a corporate.In the third part,the author demonstrates two different property management modes of Xu's family.The author further proves that jiaoxi Xu's family is a corporate financial group.In the fourth part,the author demonstrates the disintegration of the Xu's family.The author demonstrates the reconstruction process of Xu's family.The author tells the whole process of Xu's vicissitude more completely.In the fifth part,the author summarizes the whole article.The author expounds the research significance of this paper.The author finds a new route to study Chinese legal history.The new route is a field study.