The Study On The Credit Guarantee System In Song Dynasty

The guarantee system is a modern legal concept which was introduced from the west. In ancient China, we use the word "guarantee" to indicate responsibility, but we did not have a system of civil laws and regulations specially. But the creditor's rights guarantee brings to a completion, prevents dispute over obligation's is an important system promptly as the promotion of creditor's rights debt relations, the Chinese ancients are also safeguard the creditor's rights through the guarantee method. The creditor's rights guarantee system is not only the ancient and modern method, but also China and the West is interlinked. Take the modern people legal science's concept as an example, the rule and the system referred to as the theory carefully examined, reorganize the Chinese ancient times creditor's rights guarantee system, to understood thoroughly the Chinese ancient time social economy condition.The Song Dynasty commodity economy's high development, the paper money production and carrying out of the metal coined money all contributed to the credit money evolution. The Song Dynasty government to the contract standardization and the institution management has guaranteed the contract letter strengthens. Song Dynasty populace Uygur power consciousness enhances takes seriously in the economic activity to the creditor's rights carries on the guarantee. These conditions urge the Song Dynasty creditor's rights guarantee system to have the considerable historical progress.China ancient times guaranteed system were divided into five possible kinds:the nature power, the mortgage, the guarantee, the earnest money and the standard power, compare with our country's present guarantee system, constitute a multi-standard power kind. China ancient times in the economical circulation process, guaranteed that guarantees and pawns is the most commonly used guarantee way, is also in our country history origins the earliest guarantee system, already appeared in the Qin and Han Dynasty time The Song Dynasty tenancy system and commodity economy's development, enables various social class to have the equal tendency in the economic activity. Song Dynasty no longer encourages the Tang Dynasty to be in vogue impedes the family capital, the service body to fold the reward the creditor's rights to realize the way. The guarantee takes the third person of credit guarantee, the creditor's rights realizes the way change also to urge the guarantee way the change, therefore in the Song Dynasty folk economic relationships "the guarantor" no longer is in the contract the necessary condition, but is many trades witness's personal testimony form existence. In the Song Dynasty civil economic relationships "the middleman" the community has substituted in the folk transaction "the guarantor", the middleman becomes in the transaction activity to fulfill the guarantee function the principal role. The Song Dynasty national defense situation is quite for a long time stern, while implements the salt, the tea and so on to hand over the Yin laws, the Song government assigns the junction to direct the shop the guarantor who carries on the cargo transaction as the merchant and the government, the shop guarantee is the Song Dynasty unique guarantee way.Pawns the guarantee to have the important promoter action regarding the common populace's economical intercourse, is Zhu Zhong guarantees in the way the most ancient civil creditor's rights responsibility way. In the Song Dynasty nature power guarantee system forbids to take the person as the nature fasces, the material sign's type is many and varied. The nature power guarantee presented the profession development under the Song government authorities'impetus the tendency, the official sets up has mortgaged the storehouse and mortgages to the institute, the monastery and personal also constructs "the pawnshop" or "the pawnshop". The Song Dynasty chattel mortgage lends money generalization, management main body widespread; caused the Song Dynasty guarantee nature power to transform to business nature power, urges to pawn industry to a formed profession. Song Dynasty's movable property nature power legal rule, also compared previous dynasty must be much more perfect, and has covered the later generation to pawn industry receives, redeemed, died works as three service procedures, thus became China ancient times to mortgage industry the legal system to move toward the mature important development time.The Chinese ancient time's mortgage take the real estate as a goal, take to shift the property rights as the characteristic. But in China ancient times in real right legal regime, because lacks the registration notary system, the mortgage is not relatively speaking developed. The Song substitute fields dwelling property right authentication presents the certificate tendency, promoted two Song folk field dwelling business's being in vogue. Song Dynasty "mortgages" belongs to one kind of mortgage guarantee is by civilian's house individual private real estate the economic relationships which carry on for the guarantee lends money. The Song government once massively carried out the city easily to mortgage the law, encourages the populace take land, house, shop store of value properties and so on and so on real estate and money as the mortgage to the government low-interest loan. The Song Dynasty folk mortgages is the borrowing money person but does not shift the property rights take the real estate as the debt mortgage the mortgage to lend money the way, often lends money mortgages empty stands for the field dwelling mortgages the relations, causes the dispute and the lawsuit frequently. Song Dynasty "relies on, when" sells the real estate usufruct, but does not shift the property rights the mortgage guarantee form, both has safeguarded the debtor to the land property rights and the right of use, and has safeguarded creditor's benefit take the land income as the debt mortgage, is situated between must holds the nature with to hold between the nature.The pawn right is a civil legal regime which was in sole possession of our country's ancient times. Taking the complete land usufruct as the mortgage guarantees way it starts from Song Dynasty, the pawn right guarantee starts in the folk widely to implement. Song Dynasty obtains the pawn right at standard time and the ransom redeem time, to the locus classics person ransom redeem power protection, the locus classics person and the pawn right person respective right and the voluntary, the pawn right elimination to the pawn right's legal proceedings, some detailed stipulations, the pawn right becomes the credit guarantee way which was the most important way of guarantee in the later period of China feudal society.The Song Dynasty commercial credit's development, promoted the forward payment and the deferred payment method of settling accounts development. Song Dynasty presented the earnest money guarantee from this, by the grain, the tea, the fruit tree, the flowers and plants and so on product definite future incomes will carry on the mortgage to take the debt the guarantee.In the Song Dynasty trade activity also has other guarantee way. The slight defect guarantee was one kind of statutory guarantee; Song Dynasty has followed in Tang Live about the product specification and the quality slight defect aspect stipulation. Pursues seizes the guarantee is the seller betrays the property rights, the elders and superiors right of disposal and the relatives and neighbors priority guarantee to it. The Song Dynasty special amnesty is frequent; the special amnesty warrantee clause becomes in the contract sign the colloquial phrase. The special amnesty guarantee was China ancient times in the contract note most has the characteristic guarantee way; its essence was by makes an appointment the stipulation form elimination country special amnesty potency. Song Dynasty's land contract note compares the Germanic law to be mature and to be complete, in the Germanic law the real estate guarantee form is more flexible diversely; The Roman law confrontation power and the mortgage have done as a temporary measure the strict discrimination, the Song Dynasty real estate transaction more consideration real estate property right the continuity which spreads in the family.The Song Dynasty's credit highly suits with its commodity economy development. After Song Dynasty, in Yuan, Ming Dynasty the pawn rights'further maturity and imperfectness, pawns into the formalization to pawn lends money. But the change essentially has completed in Song Dynasty and after Song Dynasty other guarantee form nearly at stagnant condition without significant development and change. Song Dynasty's credit guarantee's institutional framework is perfect, the form is rich, the laws and regulations are complete, thus Song Dynasty was China ancient times'magnificent period and the peak time.