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On The Change Of The Legal System Of Xie Salt Monopoly In The Northern Song Dynasty

Posted on:2020-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:W W ZhangFull Text:PDF
GTID:2416330596993463Subject:Legal history
Abstract/Summary:PDF Full Text Request
The Northern Song Dynasty was in a period of great social change in ancient China,and its legal system was considered to have reached its peak.During this period,the commodity economy has made great progress,while the economic legal system has also made relevant development.As one of the most distinctive economic legal systems in ancient China,the state monopoly law has undergone great changes during this period,and has become the keynote of the state monopoly law for future generations.We take"On the Change of the Legal System of Xie Salt Monopoly in the Northern Song Dynasty"as the topic,and through the analysis of the static legal system construction and dynamic legal changes of salt monopoly in the Northern Song Dynasty,to examine the various forms of legislative provisions of the"chi ling ge shi"(????)in the Song Dynasty,and point out the general trend that market mechanism gradually replaced the state management in the transportation and sale of salt.This paper makes an in-depth analysis of the endogenous driving force and resistance that lead to this change,and evaluates the impact of the legal system change on the promotion of the feudal autocratic rule and the overall legal system of the northern song dynasty,and even the construction of the ancient Chinese legal system.From the static legal construction,the legislative guiding ideology of salt monopoly in the Northern Song Dynasty includes"strengthening centralization","emphasizing commerce"and“People-oriented".The legal form includes"chi ling ge shi"(????).The legal content mainly includes the administration of salt industry and the criminal law of cracking down on salt crimes.From the perspective of dynamic legal system changes,the discussion is carried out from two dimensions of space and time.In the dimension of space,we mainly elaborate the "sales area regulations" in the monopoly system.The salt sales areas in the Northern Song Dynasty are generally stable,which are divided into “monopoly areas" and "trading areas".The general trend of change is that "trading areas" expand gradually and "monopoly areas" shrink correspondingly.In terms of time,the change of legal system can be divided into three stages: the early stage,the middle stage and the late stage.Because of the continuous switch between "monopoly" and "commerce",“Bank Note System on Salt” has been established and widely applied in the medium-term,and In the later stage,the Legal System of Xie Salt Monopoly gradually changed around the problem of excess of “Bank Note System on Salt”.Through static and dynamic discussion,it is pointed out that the reason for the change of salt monopoly system in the Northern Song Dynasty is the competition between the central and local governments for the profits of salt monopoly.The core task of legal change is to maintain and consolidate centralized feudal autocracy,and this institutional change is in line with the level of social and economic development at that time.The change of the monopoly legal system played a positive role in maintaining the rule of the feudal regime in the Northern Song Dynasty.At the same time,the change of salt monopoly legal system shows the characteristics of the continuous integration of administrative management and criminal law,which had a certain impact on the construction of administrative legal system in ancient China.The study on the characteristics and problems about the changes of legal system of salt monopoly in the northern song dynasty is of great significance for the fiscal and taxation reform today.First,the legislative purpose of the special law should serve the national policies and policies effectively,and the legal system should be in line with the current level of social productivity;Secondly,the level of legislative hierarchy affects the effect of law implementation.Thirdly,in order to avoid the cross-interference of different laws,we should further integrate or clarify the boundary.Fourthly,the change of national economic and legal system involves the redistribution of fiscal revenue.We should maintain the balance of financial structure between central and local governments and the matching of financial rights and powers.
Keywords/Search Tags:Northern Song Dynasty, xie salt, Monopoly legal system, Transformation
PDF Full Text Request
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