Study Of The Contract Debt Law In Song Dynasty

Purpose: In order to contribute the economic development of nowaday China , The writer try to emphasize in analyzing the amazing evolution of the Contract Debt Law in Song Dynasty, which may be enlightening to the reform of our national legal system.Methods: The writer will illustrate the topic by utilizing methods, such as, analysis of contradiction, essence, law system and living example, and so on.Constructions: There are a preface and eight chapters in this thesis. The preface mainly summarizes the recent research that will show you a clear background of this topic. The Chapter One: Contract Debt, first of all, the writer will analyze the sorts of it, for example, sale contract(real estate), rent contract, transportation contract, partnership contract, loan contract, mediating contact, etc. The contract debt is divided into different sorts not only reflected the flourish of trade of the corresponding period but also expressed the demands in legal organisms related to the economic. The second, the writer try to emphasize in the competitive manner of concluding a contract named as "Mai'pu"," Shi'feng'tou'zhuang", which is similar to invite tenders. From inviting tenders, offering bids, disclosing offers to deciding winner, the mechanism became more and more perfect in reaching the formal justice ,furthermore, once any default was detected during the enforcement there were always some measures would be taken to amend it, which is also able to near the substantial justice. This method not only emerged early several hundred years than west country but also could prove our national law pay attention to the form to some extent .In the history of Debt Law , it is an unique variation in Song Dynasty ,which could give us some constructive considerations. Chapter Two: Performance of Contract Debt. Basic principles such as Rule of Fairness and Voluntary and Rule of Honesty were observed not only by the civilians but also by the government, which showed vivid feature. Chapter Three: Guarantee of Contract Debt. It was used in many aspects, by this means, the debt was always cleared up and paid back smoothly. Chapter Four: Elimination of Contract Debt . The writer will emphasize the Beyond the Deadline and Eliminated by Official Order to disclose their truth in history. Chapter Five: Historical Reasons of its Development. Try to find out the causes, which made the Contract Debt law flourishing and declining, these factors are extensively related to many aspects, such as economy, politics, military and thoughts. By scanning them may be we can grasp the essence that can be used for reference. By then the economic level of ancient China reached another peak after Tang Dynasty ,by the decisive promotion of productive forces and stimulated by the thought of profit , in Song Dynasty ,the Debt Law made fast progress, which was based on the absorbing the successful experiences of the former generations. As so called the politic and law systems are mere the reflections of the economic society ,the new demands in economic must be echoed by the new factors emerged in systems .Unfortunately, under the huge press of traditional feudal society and ordered by the official philosophy, by the end of Song Dynasty with the political decay and the ideal of profit twisted by the thought of valued justice, the Debt Law was distorted , as the key factor of the ideology ,this trend did harmful to the development of productive forces . Chapter Six: Evaluation of Contract Debt Law in Song Dynasty. Summarizing from this time, as a mirror, can refine its contemporary meaning. Fist of all, we should pay more attention to design the rights system, it should be reasonable and full of specific responsibilities. Secondly, we should establish and sustain a mechanism to keep honesty, which will both rely on a perfect law system and the moral education. Thirdly, we should keep right ideas in our mind, we should protect Human Rights by restricting authorities.Conclusion: In writer' s opinion: To realize social justice ,there were some wonderful procedural designs in Contract Debt Law of Song Dynasty, which approached the substantial justice. These legal hardwares paved a smooth road for the huge progress in the Market economy of Song Dynasty. Meanwhile, protecting honesty- mechanism was not only emphasized by government but also paid more attention to by civilians, which liked the habit of obeying the traffic rules speeded up the rate. What was more important, in Song Dynasty, the change in idea about Li (ritual) and Profit, which stimulated the development in trade, This was exactly reflected the demand of the productive forces. It should not be neglected that the social trend During the course of a legal system construction of a nation.Sense: Through analysis, in Song Dynasty, we can know the fair procedural design , we can learn the honesty-sustaining provision and also we can see the mingling of Li idea and Profit, all of these , in a long run will benefit our legal construction.