On The Consistency Of The Business Laws And Regulations Of The Ming, Qing And Jin Dynasties And The Ethical Standards Of Business Norms

In ancient China,the traditional legal system lacks the regulation of civil and commercial legal relations,so the disputes based on this relationship are called "folk details".The adjustment and settlement of civil and commercial legal relations are mainly based on folk customs.As a large non-governmental commercial organization active in the Ming and Qing Dynasties,under the background of the lack of national regulations on commercial activities,Jin merchants relied on their own custom laws and regulations and commercial norms to regulate people's behavior,mediate disputes,and guarantee its development for nearly five hundred years.Return history,this paper focused on the Ming and qing dynasties of China's first commercial bang jin merchants,analysis and research of jin merchants exist two kinds of standard system,it shows that the custom rules and commercial norms of the Jin merchants are the "laws" of the different development periods of the Jin merchants,while the applicable fields,are different in the specific content,but the method of ethics as reflected in highly consistency.The legal ethics contained in the two normative systems of Jin merchants are the Confucian ethical values in the ancient feudal society.It is precisely because the ethical value behind the commercial norms of Jin merchants is Confucian ethics,which is rooted in the small-scale peasant economy,hierarchy and family culture in the traditional feudal society of China,which determines its departure from the modern and equal commercial culture,and also determines its inevitable collapse.In addition to the introduction and conclusion,the article is divided into four parts.Here are the basics of each section.The first part is the definition of related concepts.The concept and basic development of Jin merchants;The definition of legal ethics;This paper introduces the concept and historical development of the family rules and commercial norms of Jin merchants,and characterizes them as customary laws,because they belong to the law in a broad sense,and discusses the basis of their legal ethics.The second part mainly summarizes the main contents of custom rules and commercial norms of Jin merchants,which is a comb of the research materials in the full text.It's divided into two sections.The first section is the main content of family laws and regulations,from three aspects of family affairs,family affairs and punishment.The second section is the main content of business norms,which is divided into three aspects: trade rules,code rules and penalty rules,and the two sections are corresponding.The third part mainly discusses the concrete manifestation and causes of the consistency of the family rules of Jin merchant and the ethical standards of commercial norm law.First of all,the legal value reflected by both of them is Chinese traditional legal ethics with Confucian ethics as the core.It can be summarized into six aspects: in the view of righteousness and interests,it advocates seeking profit by righteousness;In the view of good faith,it advocates good faith as the foundation;In the view of loyalty and filial piety,filial piety and fraternal loyalty are advocated.In the view of harmony,he advocates the settlement of litigation and reconciliation;On charity management,we advocate helping the world;On the view of group,they advocate pulling together in times of trouble.Secondly,the causes are divided into direct causes and fundamental causes.The direct cause is the mutual influence between the two,and the fundamental cause is developed from three aspects:economy,politics and culture.The fourth part analyzes the influence brought by the consistency of family rules and ethical standards of business norms,which can be divided into favorable and unfavorable effects.The favorable effect is mainly stored in the prosperity and development of Jin merchants,while the unfavorable effect is mainly restricted the transformation of Jin merchants,and finally led to the decline of Jin merchants.Finally,the conclusion is drawn that the bottom culture reflected by the consistent legal ethics of the two normative systems is the local culture led by the Chinese traditional agricultural economy,which is naturally deviated from the commercial culture based on equality in modern times.With the evolution of the agricultural civilization to the industrial civilization,the decline of Jin merchants is also doomed.