Study On The Custom Of The Folk Contract In The Ming Dynasty

The folk contract in Chinese traditional society originated from the pre Qin period.From the development of the contract of Jin and bamboo and wood and the development of the paper contract in the northern and Southern Dynasties,Tang and Song Dynasties,the material,format,or content reached a highly perfect stage in the early Ming Dynasty.The high development and prosperity of the social and economic culture in the Ming Dynasty strongly promoted the development and popularization of the contract system in all fields of civil society.The phenomenon of civil contract in Ming Dynasty is not only pervasive in the field of property relations,family relations,and personal relations,but also occurs in the field of business and trade as well as the management of civil society.The contract of civil society in Ming Dynasty,from the establishment of popular idea to the popularization of folk practice,from the diversification of contract format to the completeness of contract content,the contract of civil society in Ming Dynasty has reached the highest level of Chinese traditional society.The formatting elements and the design of the contract content of the private property transaction contract in Ming Dynasty are the representatives of the form of the folk contract of the Ming Dynasty.The property contract transactions including real estate land,housing and real estate as part of "Tian bone","Liben" sale,pawn tenancy,and so on..The diversification of land tenancy forms and "Emphyteusis" are accomplished through the tenancy contracted.Even the price seeking behavior of folk customs should be legally and effectively contract.Real estate transaction object includes draught animal,ships and other small production tool sale,lease,mortgage and exchange.In the folk society of the Ming Dynasty,the Ming Dynasty through to the folk contract content as observed,usufructuary property "code" and "when" and "rent" and "rent" is difference.The diversification of the civil society property contract in the Ming Dynasty is also reflected in the management of property by signing a contract.The management of private property is also called "contract" or "agreement",which includes the contract of the management of the common property,the territory exploration contract and the land conversion contract.Reflecting the adjacent right mutual help and mutual benefit "easement agreement" has appeared in the Ming dynasty.In the Ming Dynasty,the distribution of family property and the management of the person had been contracted.The family property management distribution contract which in the separation of instruments to the "heritage" in the form of complete,embodies the fair idea of civil society,the separation of special groups of legitim "rules that need civil society in the Ming Dynasty to take care of the contract" with the protection of property,and property inheritance in the contract "adoptive documents" will free family inheritance and family inheritance "together effectively to get the unity of property and the continuation of the family's traditional patriarchal clan system.In the Ming Dynasty,which limits the legal rights of women,women can achieve the right of inheritance by contract.In the Ming Dynasty,folk property gift contract "about legacy support" will be donated property rights and perform their obligations together,having no sub Claus dead and buried with security.The personal contract mainly includes personal mortgages,labor contract documents and marriage agreement.In the folk society of the Ming Dynasty,in order to avoid the government restrictions on the sale of the sale contract of population,population appears to "marriage" in the form of visible Ming Dynasty folk personal trading phenomenon still exists in different forms.With the development of social economy,the labor contract of employment in the family labor,agriculture and city industry and commerce and other fields have appeared.The marriage contract with "six marriage" as the main form,special form of "marriage contract","the contract of marring into live with one's bride's family" and "remarriage " has existed in the Ming Dynasty folk social stratum.The contract behavior is also widely existed in the field of industrial and commercial operation.The emergence of capitalist bud makes the industry and commerce of the Ming Dynasty have a professional trend.The folk "hire boat lease" display and the Ming Dynasty to human living backpacks have formed special industries porter.The waterborne transportation industry in Ming Dynasty is very developed."Contract of hire" shows that the industry rules of guarantor,freight payment and risk of carrying goods have been formed in the waterborne transportation industry in Ming Dynasty.In the Ming Dynasty,the contract of "utensil custom-made" for processing the contract industry made a clear agreement on the quantity,specification,price,quality requirement and liability for breach of contract made by folk workshops.As a business,the Ming Dynasty folk pawn industry is very developed in urban and rural areas,"the ticket" is the main form of the signed contract.The business partnership has begun to appear,"forest management contract" and "the contract" shows the common management,according to stocking profit form has been with the modern joint-stock enterprise management contract form."Covenant" shows that the civil society in the Ming Dynasty has a mutual help nature of the economic organization.In the Ming Dynasty,civil society organizations generally refers to clan,village,agency,formed a clan agreement,township and industry in the operation of the contract agreement,the clan also encompasses production business contract and sacrifice.Xiang she refers to as "agreement about" form with "xiangguiminyue" nature of the social management agreement,production management agreement.In Ming Dynasty,folk industry agency agreement mainly refers to social charity organizations and scholars about the formation of agreement.The Ming Dynasty folk charity organization mainly "with the good will,the management about the management of the organization,raising money,poor methods procedures for the detailed provisions,with equal participation,joint management of donations,abide by rules of civil autonomy organization,therefore also belong to the civil contract.Compared with the song and Yuan Dynasty,the folk contract of the Ming Dynasty is more comprehensive in concept,and more accurate in the appellation.The main reason of contract format unification is to guide the daily books and folk customs of inheritance,the official and folk "influenced by deceptio scrivener" on similar contracts of imitation.Compared with the previous generation,the contract participants in the Ming Dynasty tended to diversify,and people of all kinds of identities had the opportunity to participate in the contract activities."People" from the previous generation of witnesses,the guarantor for the introduction,references,expand the guarantor,"informed trust",the dispute mediator and the witness etc..In addition,the song of signing and performing procedures than reduced contract,"the officer to ask the neighbors according to the system" and "ask account" system was abolished.The relationship between the Ming Dynasty folk contract widely,to a large extent adjustment of personal relationship and property relationship and the effective operation of social relations,the important mechanism in promoting the government,social economic and cultural prosperity is on the one hand,and thought of "restricted to customs and rule of the Ming Dynasty officials on the validity of contract judicial recognition.