Differences And Similarities Of "zhongren"and "baoren" In Deal Contract

In Chinese legal history,the study of ancient contracts is a part that cannot be ignored.As important participants in Chinese ancient contracts,the study of "zhongren" and "baoren" have effectively revealed the development of traditional civil customs in China,and further promoted the objectification of traditional contract law culture,or the objectification of contract itself.However,the related research planted the seeds of confusion in the difference and application of the two at the beginning.When Dai Yanhui discussed the phenomenon of "Meiren does not assure birth to children,and Baoren does not guarantee for paying back money",he said that "baoren" and "zhongbaoren" is actually "zhongren" and the "shuoheren".It is true that confusion of the academic on the application of "zhongren" and "baoren" are also derived from the real situation in historical development,but the two should not be regarded as equivalent.The main difference lies in the roles played by the two in traditional deal contracts and the application for undertaking the responsibilities.If these can be clarified to a certain extent,it will be helpful to the current related research.This article will focus on the "Compilation and Interpretation of Contract Associations of the Past Dynasties".With its help,historical analysis methods are used to analyze the differences between contracts with different appellations,different contract types,and the historical development of the contract as a whole.From the connection of different appellations,"zhong" lies in "nei" and "tong";"bao" lies in "bao","yang","liu","bao" can also achieve "tong","zhongren" and "baoren" has moved towards confluence in historical development.In terms of identity or occupational appellations,they have their own emphasis in the appellations of relatives and clan relatives who are related by blood,and also have their own preferences in "yaren","meiren","linren" and officials.And there is a identity overlap between "shuqiren" and "zhongren" whit selection.These similarities and differences are affected by the information and interests behind the various appellations.From the perspective of contract types,"Kao Shi" are classified according to its original texts,and are analyzed in five major parts,such as sales,tenancies,loans,pawns,and employment.The overall contract participation of "zhongren" and "baoren" has continued to rise with historical development.The development trend of "zhongren" is more consistent with the overall trend.The frequency of "baoren" has the highest relative proportion in the Tang Dynasty,has the largest number of records but the proportion is low in the Qing Dynasty,and has rebounded during the Republic of China.The sale deeds basis is in line with the overall trend.Tenancy and pawn contracts have the characteristics of livelihood and clan property retaining the counterpart,which makes them attach importance to "zhongren".The loan contract attaches importance to the participation of the "baoren",while "zhongren" and "baoren" in employment contracts relies on the relevant occupation or identity.From the overall historical development,"zhongren" and "baoren" experienced a long process of development from "bao" and "jian" in the Tang Dynasty to "zhong" and "bao" in the Qing Dynasty.In the Tang Dynasty,the rights and responsibilities of "baoren" and "jianren" were separated,and the development of "baoren" was mature.The proper subjects of the two could be traced back to the officials of the Western Zhou Dynasty from the perspective of rights and responsibilities.After the Tang Dynasty,the power and responsibility attribute of "jian" expanded to the direction of leading the reconciliation,and formed the real "zhongren" in the Song,Yuan and Ming Dynasties.In the Qing Dynasty,the development of "zhongren" and "baoren" showed the interdependence of power and responsibility attributes.