Research On The Southeast Maritime Trade Legal System In The Ming Longqing Period

The middle and late Ming Dynasty was an important period of the legal system reform of China's maritime trade,and the Longqing period was an inflection point of this reform.Before this period of change,the maritime trade legal system was centered on the trading system that dominated by shibo bureau.From the Tang dynasty to the Ming dynasty,the shibo bureau was the management organization that dominated the maritime trade.After this period of reform,the management organization became the customs,mainly starting from the 22 nd year of Kangxi(AD 1683)when the sea prohibition was opened and the four customs were established.As the inflection point of this change,Longqing period is often concerned about "longqing opening".However,there is still a lack of sufficient research on how the maritime trade legal system evolves in this inflection point.The purpose of this paper is to describe the evolution of maritime trade legal system in Longqing period according to the historical bckground of middle and late Ming dynasty.Secondly,the maritime trade law in the longqing period is an effective combination of the state-enacted law and the civil customary law,which is rare in the history of Chinese legal system.In addition,the maritime trade law in the longqing period has certain reference significance to the legal construction of China's national strategy of "One Belt and One Road".The reform of the maritime trade legal system in Longqing period came into being under the specific social background in the middle and late Ming Dynasty.Compared with the early period of the Ming Dynasty,the political,social and economic patterns at home and abroad had changed significantly.The rapid development of the commercial economy in Jiangnan and South China provided the solid material foundation for the southeast maritime trade.Agricultural commodity had been greatly developed,while commercial crops related to export commodities had been planted with an increasing area,variety and yield.Especially with the silk related mulberry was a large area of cultivation."The rich fields crisscrossed by thousands of acres." People there knew how to plant the mulberry tree everywhere.A large number of commercial towns and merchant groups appeared in Jiangnan and South China.Nanjing,Hangzhou,Suzhou and Guangzhou were all large commercial cities in China.Zhenze,Shengze,Wangjiangjing,Zhujiajiao,Shuangyang and Lili were all busy towns connecting commercial centers.The Portuguese eastly generated and strengthed political and economic shockwaves in the South China Sea Trade Circle.They conquered the Atlantic and Indian oceans and established colonial settlements and trading stations,forming a maritime empire centered on goa,India.In 1511,the Portuguese occupied Manzanja,and later infiltrated Southeast Asia.Although the Portuguese were frustrated in China and Japan,a strong maritime presence was still an important factor in the local political and economic landscape.The experience of Portuguese's cooperation with local areas along the Indian Ocean coast was effectively utilized in China.After the failure in Guangdong,Zhejiang and Fujian,the Portuguese had known how to cooperate with China.From smuggling in co-operation with private maritime traders to bribing local governments to obtain trade permits,Macao's residency was achieved.The Portuguese almost monopolized the trade between China and Japan,and Macao became an important link in the international trade routes of the Portuguese."Nagasaki-Macao-full of thorn","Macao-malacca-goa-Lisbon" international routes to realize the world circulation of silk-based Chinese goods.In the middle and late period of Ming Dynasty,especially in the Long Qing period,the system of "Tribute Trade and Acts of Ban" established by Zhu yuanzhang and Dhu di had gradually declined.As the military power of the Ming Dynasty declined and the financial crisis deepened,the "Giving More and Geting Less" tributary trade was unable to sustain,and private maritime trade arose.The decline of military power made it difficult to effectively enforce the maritime prohibition law.And the coastal potential giant also ACTS as a "dawozhu" to intervene,for the sale of illegal goods and the purchase of Chinese goods to provide convenience.The maritime power of the merchant group,the Portuguese and the Japanese and the private maritime trade network formed by the coastal "dawozhu" aroused the vigilance of the Ming government,while the strict implementation of the sea ban caused the "Disaster of Japanese Pirates in Jiajing".The so-called Jiajing bonobo attack is essentially a pirate activity carried out by Chinese maritime groups in conjunction with other people at sea and along the coast.The "bonobos" consumed the economic and military power of the Ming Dynasty,which led to the reflection and debate between the government and the people.Finally,the consensus of "Banning by Opening" was formed.In this way,the reform of Longqing maritime trade legal system has political,economic and ideological conditions.The maritime trade law of Longqing period can be divided into the maritime prohibition law,the tributary trade law,the trade law of commercial ships and the customary law of maritime trade.The law of maritime prohibition is mainly stipulated in the criminal law of "daming law" and "asking punishment regulations".The rules of tributary trade were mainly stipulated in the law of the Ming dynasty.The law of maritime trade habits has long been a habit and practice in the south China sea economic and trade circle,which is connected by southeast Asia,the Indian Ocean,and east Asia.Tributary trade law is mainly the trade legal system formed in the "Guangzhong Case" and "Yuegang system",which is the legal system formed and established in the process of the gradual recognition of private trade by the government,and is essentially the absorption of customary law by the enactment law.At the beginning of the Ming Ddynasty,the maritime prohibition law was promulgated to prevent and control the remaining party of Zhang shicheng and Fang guozhen.With the stability of the Ming dynasty,the maritime prohibition law became a tool to maintain political stability and strengthen the control of maritime trade by the Ming dynasty.The overly strict sea ban law,and the local law that "no board allowed to go into the sea" appeared in the implementation of the law,led to smuggling and armed confrontation by maritime traders,and coastal residents affected by the sea ban law also joined in one after another.At the beginning of the Ming dynasty,the coastal defense lines were overwhelmed.The tribute trade law of Ming dynasty is a wonderful work of maritime trade legal system.Before the Ming dynasty,the tributary relationship was separated from the maritime trade.The Ming dynasty bound the maritime trade to tributary relations with foreign countries.The tributary trade in the Ming dynasty was "tributary trade",and "market trade" was illegal.Tributary trade did play an important political role in the early Ming Dynasty,especially in the yongle period,which had an important impact on the prevention and control of Japanese pirates.However,the principle of "Giving More and Getting Less" in violation of economic laws doomed the long-term maintenance of tributary trade.From the officials to the emperor,there was a clear understanding of the tributary trade that cost human resources and money.However,it could only survive on the basis of the difficult violation of the ancestral system and the lack of means to maintain the tributary system due to the decline in the middle and later period.During the period of Zhengde and Giajing,the local financial crisis and the huge demand for military pay gave rise to the development of commercial trade.The "Guangzhong case" at the beginning of the Hongzhi period and the "Yegang system" developed in the Longqing period came into being.The "Guangzhong case" began with the sharing of the incidental goods of tributary trade,and then the local officials implemented it in the trade of tributary states in the non-tributary period and in the maritime trade of non-tributary states.Longqing period is an important period for the development of the legal system of "guangzhong case".Although Zhengde,Giajing court several times allowedGuangzhou to implement the draw,but was repeatedly denied.Although in the later period of Giajing,the Portuguese were able to stay in Macao and formed the dual center trade mode of "macau-guangzhou",it was mainly based on the oral agreement between sousa and Wang bai,which was not recognized by the emperor,or even known by the emperor.With the opening of Longqing,"Guangzhong case" were acquiescent by the court and the rent was collected.In the aspect of maritime trade law,"Guangzhong case" is mainly managed by the deputy envoy of haidao,the municipal bureau of ships,the local xiangshan county officials and the local three divisions.In the aspect of maritime trade and taxation,intermediary service providers such as "official tooth","guest gang guest discipline" and "solicitation head" gradually appeared,and implemented the taxation on their behalf.As described in the travels of the Portuguese,in the middle and late Ming dynasty,there was a coexistence of tributary trade and merchant trade.Tributary trade was carried out in the laiyuanyi section of the guangzhou bureau of foreign trade,that is,the so-called "holding license" trade.The merchants of the non-tributary states did so at the designated "tuen mun"(south end).The coexistence of tributary trade(tributary trade)and merchant trade(city trade)was continued in the customs trade of the qing dynasty.In the long qing period,the "guangzhong case" formed the tax system of zhang extraction and the levy of silver,which replaced the previous kind extraction system.The "Yuegang system" in Fujian started from the opening of Longqing and formed a trading system and legal system different from the "Guangzhong case".During the longqing period,the administration of port trade on the moon was known as the coastal defense tongzhi(stationed in the coastal defense museum),and specialized in taxation.Later,in order to prevent the abuse of power by haifang tongzhi,a clear division of labor,mutual cooperation and restriction has been formed in haidao,haifang tongzhi,the supervision and payment hall,namely: "the rules of its peddler,the report and settlement of the security from the neighborhood,the purchase and printing of the guide book from the government,the supervision of the illicit relationship from the responsibility of the haidao,the tax collection and inspection ofthe commission.The monthly port tax system includes ship's pilotage tax,water rates,land rates and additional rates.Private maritime trade arose in the middle and late Ming dynasty,and customary law was observed in the trade.This kind of customary law is the habit formed in the long-term maritime trade in the south China sea trade circle.With the exception of small spot transactions,contracts are generally concluded in a specific procedure and in written form.Accounts of private maritime trade transactions in the Ming dynasty are found in Portuguese travelogues,Ming biographies and literary works such as "a surprise at the first instance." Private maritime trade is an international trade with long cycle,high risk and high cost.In order to prevent and control risks,various forms of guarantee of contract performance are often adopted,such as cargo mortgage,hostage guarantee and comprehensive guarantee based on property and reputation.The important people along the coast of fujian and zhejiang are the "big masters" of private maritime trade.They use their political resources and economic strength to provide intermediary services for maritime business groups.As a matter of fact,it is these "big hubmasters" who maliciously seize the payment or property of haishang group,triggering haishang group's retaliation,thus leading to the formation and continuation of the "great Japanese plague" in jiajing.The private trade in the southeast coastal area has formed the operation mode of "rest home",which is often operated by the so-called "big boss".This intermediary service integrates travel,home price assessment,hotel accommodation,freight transportation and storage,and tax payment.After the opening of longqing,this form was officially recognized and used,which was the ruleform of "36 lines" in the late Ming dynasty and "13 lines" in the qing dynasty.The legal system of maritime trade in longqing period had an important influence on later generations.During the wanli period,the governor's house system and the tax system were further developed under the framework of the month port system.For nearly 60 years from 1625 to 1683,the zheng group dominated the seaborne trade along the southeast coast.In the specific maritime trade law is based on the monthly port system.The "license rate" system of zheng group is an innovationbased on the port tax system of ship diversion and water rate.However,zheng's "five business system" is a typical mode of "resting one's head".The customs system in the qing dynasty was formed by the utilization of the functions of the traditional shihuamou,haidao and haifang."Thirteen lines" is the further development of the Ming dynasty's "guan ya","ke gang ke ji","36 lines" intermediary service agencies.