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Jiajing Period "Ban On Maritime" System And The Implementation Of The Area In The East Of Zhejiang Province

Posted on:2019-05-27Degree:DoctorType:Dissertation
Country:ChinaCandidate:J L GongFull Text:PDF
GTID:1365330545452722Subject:Legal history
Abstract/Summary:PDF Full Text Request
The maritime trade in traditional Chinese society has developed along with the progress of shipbuilding technology and navigation technology.Since the Tang,Song and Ming dynasty,the development of ocean trade has been very rapid,and the ocean trade system has also been created and developed.The maritime trade system is an extension of China’s traditional border trade system.Trade,border defense,and diplomacy are the main factors that are considered by the state when formulating a maritime trade system.The contents of the ocean trading system of the Ming Dynasty can be roughly divided into three categories:the tributary trade system,imprisonment system,and non-governmental trade system.In the early years of Jiajing in the Ming dynasty,the sea was affected,and the national security in the eastern Zhejiang region was particularly hard hit.The "Ningbo Zhenggong"incident was the trigger and severe maritime trade bans were issued.The ban on maritime trade during the Jiajing period did not form a systematic law.Instead,it was seen in many separate laws and regulations issued at different times.The content of the ban has reaffirmed the previous use of the relevant Ming dynasty system.The ocean trade ban in the Jiajing period basically revolved around the development of the tribute trade system,imprisonment system,and non-governmental trade system.The general trend was that there were more types of commodities that had previously been banned from trade,more stringent measures,and penalties for violating the ban.Enhanced.In respect of the tributary trade,it reiterated the restrictions on the previous strict tribute period,the number of tributaries,the number of tribute vessels,etc.,and added new issues related to the trade of "Yanren" tribute vessels to China.For violations of the relevant regulations,the Hongzhi New Examples are punished.In the imprisonment system and restrictions on private marine trade,the penalties for seaborne trade in general cargoes that violate the maritime trade ban have increased from the "one hundred sticks" of the rule of law to the exilation of the frontier guards and the "population,weapons," etc.If the special goods that violate the ocean trade ban are traded on the sea,the law will be "hanged," and in the regulations,they must be executed and "beheaded." For the sale of special materials such as "violating ships",in addition to being punished,even neighbors who find that they do not report must sit down.In order to better implement the ban,in addition to following the previous experience in the implementation of marine trade management,combined with certain special circumstances of Jiajing this DPRK,the principle of strict and heavy emphasis will be raised to the legal level,and must be strictly enforced by local authorities.After the promulgation of the Jiajing Marine Trade Ban,in addition to the strict restrictions on tributary trade,the responsibility for the private private trade crackdown has been fulfilled.The local government has severely reprimanded local governments to implement the ocean trade ban and strengthened the enforcement and management of violations of the maritime trade ban..In terms of setting up law enforcement agencies,the "Zhejiang governor concurrently oversights Fujian Haiphong" was established independently in eastern Zhejiang and the Zhejiang Provincial Shiplifting Division was eventually repealed.The Zhejiang Inspectorate inspected sea lane deputy chiefs and relocated to Ningbo,and expanded its authority to strengthen the Zhedong area control.In the context of the country’s strengthening of the ban on maritime trade,local governments have to deliberately show their positive actions,and even local law enforcement is stronger than the central legislation.This is particularly evident in the enforcement of laws in Zhejiang,especially in eastern Zhejiang.For example,strict protection of the law by law enforcement agencies,local officials in eastern Zhejiang not only strictly enforce the central government’s maritime trade ban and strictly limit the tributary trade,but also in line with the local situation,in order to meet the implementation of the central ban,such as "the Baojia Law" A system like this.For another example,for those who violate the ban on maritime trade,local law enforcement officials often do not conduct trials in strict accordance with judicial procedures.Instead,they directly follow the law in the form of "destroy" in the process of law enforcement.The severe maritime trade ban and its implementation in the Jiajing period did not receive the expected results,but instead led to many more serious drawbacks.Although local law enforcement efforts have been strengthened,they have also faced difficulties in law enforcement and have been indirectly or directly rebelled by local interest groups.Because normal sea trade is blocked,people in eastern Zhejiang are forced to make ends meet,or under the temptation of interests,to take advantage of risky sea trade.According to the law of supply and demand,the tougher the ban on maritime trade,the more profitable the merchandise of marine trade.In practice,the ban on ocean trade mainly hits the relatively disadvantaged residents of Zhejiang’s eastern coast.However,illegal smuggling by local power groups has intensified,and the result of the ocean trade ban has instead stimulated the multiplication of maritime trade interests.What is even more serious is that in order to fight against the ban on maritime trade and to protect itself in the oceans where the meat is strong,many big names in the eastern Zhejiang region that have been implicated in marine trade are gradually organized and armed to form a large seafaring team.As the personnel involved in marine trade become more complex and scale grows,they have both foreign trade and armed robbery.These pirate traders are gathered together with the characteristics of commerce and theft,and there is a trend of internal and external collusion in the eastern part of Zhejiang.Regarding the new problems caused by the severe maritime trade ban,Mingting lacked the correct understanding and prompt adjustment of the ocean trade ban policy.Instead,it intensified its efforts to prohibit all private marine trade,and local officials responsible for law enforcement of ocean trade bans were also repeatedly dismissed due to poor enforcement.And punishment.The problems caused by this have become more serious and complicated.On the one hand,local counties and counties have sought self-interest for themselves,and power and money transactions have formed a common situation.As a result,the ocean trade ban has been used in an imaginary manner and cannot be effectively implemented;on the other hand,The private marine trade developed in the deformed form,but after all,it has not been formally recognized and guaranteed by the government.Therefore,there is a huge conflict and contradiction in the development of private marine trade.These factors have caused the eastern Zhejiang people to "take risks" while the bureaucrats have extorted the people and the power to rent.Legislation has been violated in the implementation,which undermines the authority of the law and is harmful to the people’s compliance with the normal laws and regulations.The laws and regulations in the Jiajing Dynasty severely imposed maritime bans.The institutions responsible for the management of marine trade were abandoned and set aside,they were abandoned,policies were repeated,manpower and material resources invested in law enforcement management were increased,tax burdens became more and more heavy,and local pressures increased.The people are miserable.Although the late phase of Jiajing in the late period of Jiajing,it took a huge amount of manpower and financial resources,and it almost calmed down the nation’s efforts,and also seriously damaged the identification and compliance of legal authority in eastern Zhejiang.And the centripetal force on the country can be described as costly.Since the introduction of the strict ocean trade ban policy of Jiajing,the voices calling for open sea have also come and gone.Such calls have not stopped even after the strict ban on maritime trade in the Jiajing dynasty.Some well-informed people clearly understand that if we want to change the situation at the time when there is no shortage of people and taxes are reduced,we must abolish the maritime trade ban and realize the exchange of goods and restore the city’s shipping system.In the later period of Jiajing,with the Haidai gradually being pacified,the appeal for opening the sea was even more pronounced.After the Jiajing dynasty,the Ming dynasty severely regulated the ban on maritime trade and the maritime trade was legalized locally in places such as Yunnan and Guangxi.However,the maritime trade in the east of Zhejiang was still limited,and the restrictions on marine trade in the eastern Zhejiang region caused heavy losses.Looking at the sea trade bans in the Jiajing period and the serious problems caused by the implementation in the eastern Zhejiang region,the fundamental reason was that they contravened the laws of the market,and made the trend of outward expansion since the Tang and Song Dynasties obstructed.At the same time,the compulsory enforcement of the ocean trade ban in eastern Zhejiang also overlooks the economic environment in coastal areas such as eastern Zhejiang.People in eastern Zhejiang have to rely on the sea to eat the sea under the influence of soil and other environments,and frequently trade in the sea.Therefore,from the early Ming Dynasty to the Jiajing period,private traders in the coastal areas of eastern Zhejiang prevailed,and the implementation of the ocean trade ban also affected the changes in the social structure in eastern Zhejiang.The strict maritime trade ban from the Jiajing Empire also reflected that the Ming Dynasty had tried to institutionalize strict restrictions on local administrative and enforcement powers during the Jiajing period,but it also revealed a decline in local control.A reasonable marine trade system must be "protecting people’s livelihood" and "according to local conditions",and opening up private marine trade is more conducive to protecting people’s livelihood and protecting the environment and security.Therefore,the enactment and implementation of a ban on ocean trade that violated the "measures for the local conditions" during the Jiajing period inevitably led to inefficiency and severely hindered the natural development of the regional characteristic economy in the eastern Zhejiang region,and hindered the healthy development of the commodity economy in the Jiangnan region.The Longqing opening after Jiajing is also very limited,and it cannot fundamentally solve the maritime trade problems in the coastal areas,especially in the east coast of Zhejiang.
Keywords/Search Tags:Jiajing, Ocean Trade, Ocean Trade Ban, "Chongxiu Wenxing Tiaoli"
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