Study On The Law Of The Ming Dynasty

This dissertation employs the way of integration of narration and argument,in which I make the Acts on ban on maritime trade ( infra called the ACT in brief ) enacted in Ming Dynasty be the main line,review the behind contents of each ACT including particular circumstance,political situation,social economical background and personality and capability of the emperors,influence of the tradition,and aim at disclosing the occasionally and inevitability of the long-time ban on the maritime trade during Ming Dynasty.It is divided into four parts. The first is mainly on the ACT during the period from Ming Tai-zu to Ming Wu-zong,in which the ACT was started and consolidated. On the outset the ACT was actually used as the safeguard measures for the new dynasty,but later after the year of Hong-wu 14th,it had been reduced to the byproduct to win over political opponents. The strict ban during Ming Tai-zu's sovereign,had left the bad example for the successive Ming Emperors. It was still strict ban in the first five years during Yong-le's sovereign,but the substantively loose after this provided the chance for the private maritime trade. Unfortunately it again returned to the old state after Yong-le period,not authorizing merchants the legitimate right to engage in overseas business. As a result,the maritime smuggle became serious. The second part reviews the ACT during the 45 years of Ming Shi-zong. It had been very mature to develop maritime trade in the aspect of economical spur andtechnological support,but the Ming government reversed the inherent law and stuck to ban on the maritime trade. The conflict between seeking profit of the citizens and the legal banning of the government burst up into a war. The ideas in favor of opening the maritime trade founded the base for the later change on maritime policy. The third part studies the ACT during Ming Mu-zong to Ming Si-zong. These 78 years was the sole period of permitting the maritime trade during Ming dynasty. However the opening policy was not changed so far and the avaricious governors deprived the merchants badly. On the same time,the intrusion from the West deteriorated the competition environment,so the private maritime trade was undergoing a hard time. The successive Qing dynasty followed the Ming ACT. Chinese maritime merchants could be no match with the western ones on the declination of the whole country.The conclusion comes out that,the bad diathesis of the majority of the Ming emperors and the standing harassment by the Japanese pirates make up the occasionality of the long-time ban on the maritime trade,whereas mightiness of the traditions and continuance of making light of commerce,etc,are the inevitability of the historical result.