| With the implementation of land policy of "non-establishment of land" and "non-restraint of annexation",land circulation is frequent,known as "eight hundred owners of land for thousands of years".The government no longer interferes with the sale and circulation of land compulsorily,which makes the private ownership of land develop rapidly.Coupled with the development of commodity economy and the change of people’s idea of righteousness and benefit,the civil activities in Song Dynasty were highly developed,especially contract activities,and became an era of high development of ancient Chinese economy and culture.In order to stabilize the social and economic order and promote the further development of contractual activities,Song Dynasty formulated a series of contractual legal systems,whose content refined and coverage are beyond the reach of previous societies,which is of great significance to the development of contractual system and even to the improvement of civil legal system.Based on the current situation of the contract system in Song Dynasty,this paper expounds the reasons for the further development of the contract system in Song Dynasty from the political,economic,ideological and cultural aspects.In addition,combining with the common types of contracts in social life,this paper discusses the principles of freedom of contract,honesty and credit that should be followed in specific contract activities.Furthermore,the main contents of the contract system in Song Dynasty are summarized and sorted out in combination with the modern contract system.From the four aspects of contract formation,contract performance,contract termination and liability for breach of contract,the whole contract activity is placed in a dynamic process,which makes the contract system of Song Dynasty have a further profound and comprehensive understanding.Finally,on this basis,it explores the important influence of Song Dynasty contract system on the development of contract form,the perfection of performance guarantee system,the preliminary formation of contract precedent system and the transformation of contract concept on the later development of contract system and the perfection of the whole civil legal system. |
