A Preliminary Study On The Regional Differences Of Sales Contracts In Qing Dynasty

Although the sales contracts in Qing Dynasty became more and more standardized and unified in form and content,there were still obvious regional differences.This paper chooses Qingshuijiang,Huizhou and Eastern Zhejiang as representatives to compare the differences in the constituent elements and the procedures of the purchase and sale contracts in the Qing Dynasty.The differences in the constituent elements are first embodied in the subject of the contract.There are three main types of contract subjects in the three places: the individual subject,the co-signatory subject and the partnership subject.Individual subjects are mostly men,and women can also act as contract subjects under special circumstances such as household death,return to their ancestral home and keeping their wives’ will.However,there are significant differences in the size of their property disposal rights among the three places.Affected by the different family size and clan power in the three places,the joint agencies have the characteristics of adapting to the regional economic and social development in terms of the number of contracts concluded and the relatives among the subjects.However,there are some differences in the forms of partnership subjects.Secondly,it is manifested in the subject matter of the contract,that is,the types,sources and information description of the subject matter of the sale contract in the three places are highly consistent with the local economic development model,regional social structure,customs and habits,and have obvious regional characteristics.Finally,it is also shown in the identification of the nature of the contract,the reason for the contract,the time for the contract,the middleman,the signature at the end of the contract and other contract elements.The order,expression,status and function of these elements in the contract,as well as their external forms,show obvious differences,which are the most direct and concrete reflection of the economic relations and legal rights relations of the three places and their development and changes.In terms of the procedure,although the sales contracts of the three places usually go through such links as consulting the middleman,asking the neighbors first and the original owner,looking for the buyer,three-sided bargaining,writing content,delivery target,paying deed tax,pushing harvesting and so on,there are obvious differences in the concrete operation process among the three places.First of all,there are great differences in the way of expression of the right of first purchase,the groups enjoying the right and their order.The second is the difference of the commencement procedure of contract formation.Huizhou and Eastern Zhejiang attach great importance to the legal effect of the written "draft treaty" and the role of the people,while Qingshuijiang Prefecture seldom drafts the "draft treaty" in advance,and the Chinese people also have the phenomenon of vacancy.The third is reflected in the writing of the sales contract,that is,the substitutes,the writing norms and the use of official deed paper all show the characteristics of high adaptability with the interests of both parties and the security guarantee of the local contract.Fourth,the deed tax system.The implementation of contract tax system in three places is obviously different.One of the results is that there are significant differences in the number of red contract and white contract,the establishment of contract elements and the appearance of contract.The fifth is the difference of harvesting and overharvesting procedures.Qingshuijiang area is relatively simple because of its weak central jurisdiction,while Huizhou and Eastern Zhejiang areas tend to give priority to the implementation of the pushing and overharvesting procedures,which are more stringent and standardized,leaving a variety of overharvesting vouchers,but there are also some flexible practices to reduce transaction costs.Finally,the price and redemption.In Qingshuijiang area,price-seeking behavior is rare and redemption agreement is relatively simple.Price-seeking and redemption are common in Huizhou and Eastern Zhejiang,but the specific content,methods and forms of price-seeking and redemption are different,which reflects the different forms of sales contracts in specific procedures.The formation of regional differences in sales contracts among the three places is closely related to their different natural geographical environments,different levels and structures of economic development,and different cultural customs.Qingshui River,Huizhou and eastern Zhejiang in the Qing Dynasty were all affected by commodity economy,and were mainly engaged in forestry,agriculture and forestry,and agriculture respectively.Therefore,there were great differences in economic development level and economic structure.In addition,due to the highly overlapping characteristics of consanguinity and geography in traditional Chinese society,the contractual relationship has always developed and evolved under the background of the institutional framework and patriarchal clan spirit with household registration as the longitude and cadastre as the latitude.In addition,due to the relative simplicity and vulgarity of civil laws in the Qing Dynasty,the "township regulations" and "customs regulations" in various regions play an important normative role in contract practice,that is,there is a "contract field" besides the "law field".As a result,the contrast and change of the economic interest demands of the state,the rural forces and the contract subjects in different regions and different periods have directly caused the difference in the content and form of the sales contract.Sales contracts are not only related to people’s daily production and management,property transactions,and family livelihood,but also play a positive role in defining various kinds of real rights,dividing economic ownership,and stabilizing expectations of family and family business income.They are one of the important guarantee mechanisms to maintain market transaction order,regulate people’s economic behavior,and even promote regional economic and social development.