Study On The Legal System Of Sale Contract In Song Dynasty

The reason why Song Dynasty became a dynasty with great development of the legal system of sales contract is closely related to the land,household registration and trade pension policies implemented by the Song government,the development of commodity economy and the change of the ideas of the government and the people.The combination of these factors makes the economic exchanges between people frequent and effectively improves people’s material life.The unique social background of the Song Dynasty led to many supporting legal systems of sales contracts.Under the large system of sales contracts in the Song Dynasty,it can be divided into many small systems and principles.Among them,the principle of willingness,the system of the Yaren and the system of asking relatives first played a vital role in the contract of sale.They were the mainstay of the contract of sale in Song Dynasty and the treasure of Chinese legal system.The principle of willingness first appeared at the beginning of the contract in Song Dynasty,which refers to the agreement signed by both parties.It is of great significance to resolve the contradictions in the transaction,but after a long period of development,the principle of willing has been distorted by the government and the public,which leads to the emergence of many judicial cases about the principle of willing.The system of first asking relatives and neighbors was written into the law in the Song Dynasty,which became a necessary component of the establishment of business transactions.On the one hand,the system of first asking relatives and neighbors promoted the harmony of relatives and neighbors,on the other hand,it was criticized by the public because of its low efficiency.In the period of commodity economy developed in Song Dynasty,the system of Yaren reached a more developed level than that never existed in previous dynasties.Therefore,the Song Dynasty also had a lot of detailed management systems for Yaren.The behavior of Yaren was regulated through the formulation of Yaren’ employment standards and the law of Yaren protection.The pros and cons of everything can be used for reference,as well as the legal system of sales contract in Song Dynasty.The positive side helps to promote the development and progress of the sales contract itself,while the negative side distorts the positive system in practice.Therefore,we should learn from it to build a socialist legal system.