A Comparative Study Of Legal System Of Foreign Trade In The Ming And Qing Dynasties

Ming and Qing Dynasties is the period China traditional social Dynasty, comparison and analysis of the two dynasties foreign trade legal system, we can find that such a history:from the rulers in the early Ming Dynasty actively establish radiation ranging as far as the national India ocean of the tributary system, to the Qing Dynasty rulers passive has spread to East Asia western countries, establish the strict legal system limited in foreign trade.From a legal phenomenon, can produce lump together of the Ming and Qing Dynasties the retreat of the legal system is the conclusion, because the Ming, Qing two regimes are into the maritime law, maritime law system but not completely banned foreign trade law of retreat. The Supreme Master Ching Hai, no law is concerned, the biggest difference between them is, although the Ming Dynasty have maritime law, but does not prohibit foreign normal economic exchanges, otherwise it cannot explain the large scale western diplomatic activities of Zheng He. In contrast, the Qing Dynasty on maritime law is "plate shall not go" comprehensive prohibition.According to the dynamic development of the legal system, the evolution of the foreign trade law, has experienced three stages:the official opening stage--turning stage (from the southeast harassment of Japanese pirates, once banned foreign trade)--private foreign trade openness stage, experienced a closed from the open to, from closed to open process. The foreign trade law also experienced three stages, the early Qing Ming period, Pingding Taiwan after the four trade period, a trading period, a process from closed to open, from opening to strictly control. Generally speaking, the foreign trade law demonstrates a kind of gradually open situation, the foreign trade law is gradually closed.On the whole, the legal system of Ming Dynasty’s foreign trade is open, but also conform to the development trend of the world history. The society began to accelerate the transformation, the famous thinker Huang Zongxi told the people face "as though Heaven and Earth had fallen" situation, at this time, China saw the dawn of modern times. However, the fierce contradictions in the social transformation period of old and new forces, coupled with successive years of natural disasters, the Ming Dynasty crumble. The legal system in the Qing Dynasty adopted in foreign trade aspect behind conservative caused extremely bad consequences, so that Chinese has already begun in the social transformation of the road has been artificially interrupt.