宋代买卖契约研究

发布时间：2019-02-23 22:27

【摘要】：宋代较为宽松的社会环境,发达的手工业和制造业,使私有制迅速发展,进而推动经济高度发达,民间交易非常普遍,人与人之间的财产关系日益复杂,矛盾和风险也日益增大,使得买卖契约得到广泛应用,并越来越完善,逐渐发挥出维护国家、民众的利益,缓解社会冲突,促进经济发展的巨大作用。正是在这样的社会背景下,宋代买卖契约可谓是中华法系的瑰宝。自愿原则和诚信原则,是宋代买卖契约的两大支柱。它们是买卖过程中要坚守的底线,贯穿于每一个买卖契约当中,并默默发挥着作用,保护了民众的利益,构建了和谐公平的交易环境。宋代买卖契约有着诸多分类,几乎囊括了民众生活的方方面面,与人们的衣食住行息息相关。还有完备的程式,程式是契约的格式和内容,包括对立契时间、契约主体、契约标的、契约担保、契约署名画押等的要求,这些与社会、经济和文化相适应,规范了买卖契约从签订到最终履行的全过程,为人们的交易保驾护航。宋代买卖契约具有如此魅力,因此对它进行研究,是对本民族优秀传统法治文化的剖析,对法律史的深入学习具有重要的现实意义。本文收集整理了许多宋代买卖契约文书,以及当时的法律和判例,从立约原则、分类、程式、功能等角度进行分析,充分展现宋代买卖契约的发达,并和今天的民法进行对比,以求对推动社会主义法治建设有所助益。
[Abstract]:In the Song Dynasty, the relatively loose social environment, the developed handicraft industry and the manufacturing industry made the private ownership develop rapidly, and then promoted the highly developed economy, the folk trade was very common, and the property relations between people became more and more complicated. The contradiction and the risk also increase day by day, make the sale contract get the widespread application, and more perfect, gradually bring into play the huge function of safeguarding the interests of the country and the people, alleviating the social conflict and promoting the economic development. It is in this social background that the contract of purchase and sale in Song Dynasty is the treasure of the Chinese legal system. Voluntary principle and good faith principle are the two pillars of the contract of sale and purchase in Song Dynasty. They are the bottom line to be adhered to in the process of buying and selling. They run through every contract and play a silent role in protecting the interests of the public and constructing a harmonious and fair trading environment. The contract of sale and purchase in Song Dynasty has many categories, including almost all aspects of people's life, and is closely related to people's clothing, food, housing and transportation. There are also complete procedures, which are the format and content of the contract, including the time of the contract, the subject of the contract, the object of the contract, the guarantee of the contract, the signature of the contract, etc., which are compatible with society, economy and culture. It regulates the whole process from the signing to the final performance of the purchase and sale contract, and protects the people's transaction. The contract of sale and purchase in Song Dynasty has such charm, so the study on it is an analysis of the excellent traditional culture of the rule of law of this nation, and has important practical significance for the in-depth study of the history of law. This paper has collected and sorted out many documents of contract of sale and sale in Song Dynasty, as well as the laws and precedents of that time, analyzed from the angle of contract principle, classification, procedure, function and so on, fully demonstrated the development of the contract of sale and purchase of Song Dynasty, and compared with the civil law of today. In order to promote the socialist construction of the rule of law.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929

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