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Study On The Legal System Of Middleman In Song Dynasty

Posted on:2021-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y P GuFull Text:PDF
GTID:2506306290971459Subject:Legal history
Abstract/Summary:PDF Full Text Request
During the Song Dynasty,the commodity economy continued to develop and social life produced a series of important changes.The group of people who provide intermediary services in commercial transactions has gradually formed and grown,and has greatly influenced the society of the Song Dynasty.This is undoubtedly an important sign of witnessing the development of the times.Due to the different professions and employees,there are different classifications of middleman in Song Dynasty.The continuous refinement of the division of labor in the industry shows that middlemen are increasingly professional and have penetrated into all areas of social life.In economic activities,dental professionals are employed not only by ordinary people,but even by government offices to assist management Market order has become the "intermediary" for the government to manage society.In Song Dynasty,the government stipulated the entry threshold of middleman profession and the qualification of middleman profession in the form of law.Middlemen had many functions in the Song Dynasty society.They facilitated the parties to the transaction to reach a transaction agreement.During the transaction,they were responsible for checking the subject matter and providing a price reference.They were also witnesses of the transaction and provided guarantees for the transaction.In addition,if employed by the government,middlemen also play a role in assisting tax collection and stabilizing price.Legal rights and legal responsibilities are relative.As an important subject in society,middleman also bears certain legal responsibilities while possessing legal rights.In the aspect of legal rights,the middleman includes the legal collection of money,the possibility of surrendering lawsuits when the legitimate rights and interests are infringed,the report of tax evasion,etc.,while in the aspect of legal liabilities,the middleman includes the trafficking of prohibited objects,the illegal manipulation of prices,the illegal extra money,the forced transaction and fraud,etc.In the Song Dynasty,when the middleman participated in judicial proceedings due to economic disputes,its performance in judicial practice was complex.On the one hand,middleman participates in procedural actions such as contract formation and guarantee of land transactions in commercial transactions,which enables the middleman to provide some help in judicial litigation activities,such as providing witness testimony,assisting judges to conduct field investigations,and assisting in the execution of judicial decisions.This undoubtedly effectively maintains the operation of judicial order.On the other hand,middleman ’s illegal behavior in commercial activities means that it should bear legal responsibility.In order to escape from the legal sanction,middleman ’s behaviors in judicial activities leave the image of low status and mercenary in the eyes of the judge;the false offer and fraud in the lawsuit.Song Dynasty is an era full of changes,and there are great changes in all aspects of social life.Through the study of the middleman legal system in Song Dynasty,we can not only increase the understanding of the middleman groups in Song Dynasty,but also help to understand the social structure and legal tradition of Song Dynasty.
Keywords/Search Tags:Middleman in Song Dynasty, Legal right, Legal responsibility, Judicial practice
PDF Full Text Request
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