明代商人的法权地位

发布时间：2018-06-14 22:35

本文选题：明代 + 商人　；参考：《古代文明》2013年04期

【摘要】：本文通过对明政府颁布的有关商人、商业的制度法规及商事诉讼的判词来考察明代商人的法权地位,进而对明代商人同国家的基本关系作出判断。明初统治者为求恢复生产、稳定秩序,强化了对包括商人在内的社会各阶层的控制,因而商人服饰和外出自由受到一定限制,但商人的常规商业活动一直得到政府许可,并未遭到刻意抑制。《大明律》等法规在对商人行为作出规范的同时,也保护商人合法权益不受侵损。在涉商案件审理中,商人法律地位与庶民中的其他人群是平等的。在科举考试方面,商人身份并未受到歧视,且官府专门设置"商籍"以解决商人子弟由于户籍所限不能异地应考的困难。由此可知,商人在明代国家体制中拥有与其他庶民人群平等的法权地位,被包容于帝制体系框架之内,并不构成当时社会体制的瓦解要素。
[Abstract]:This paper examines the legal status of the merchants of the Ming Dynasty and the basic relationship between the merchants and the state through the laws and regulations of the merchants, commercial laws and regulations promulgated by the Ming government, as well as the judgments of the commercial litigation. In the early Ming Dynasty, in order to restore production and stabilize order, the rulers strengthened their control over all sectors of society, including merchants. As a result, merchants' clothing and freedom of movement were restricted to a certain extent, but the merchants' routine commercial activities were always permitted by the government. Laws and regulations, such as "Da Ming Law", not only regulate the behavior of businessmen, but also protect the legitimate rights and interests of merchants from being infringed. In the trial of cases involving business, the legal status of businessmen is equal to that of other people of common people. In the examination of imperial examinations, the status of businessmen was not discriminated against, and the government specially set up "business register" to solve the difficulties that the children of merchants could not take the examination in different places because of the limitation of household registration. It can be seen that merchants had equal legal power status with other common people in the state system of the Ming Dynasty and were contained in the framework of the imperial system, which did not constitute the elements of the disintegration of the social system at that time.
【作者单位】：东北师范大学历史文化学院;
【分类号】：D929;K248

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