论文部分内容阅读
自战国时期的李悝《法经》作为我国历史上的第一部成文法对债的有关问题作出明文规定后,历经秦汉直到明清,我国整个封建时期几乎每一朝代的法津都无一例外地将债纳入其调整范围。这说明尽管我国封建社会商品经济并不发达,但作为社会经济生活中不可缺少的内容之一的债却始终在我国封建法律中占一席之地。在此,笔者试图就我国封建时期有关债的法律规定的主要内容、特征以及对封建经济的影响作一初步探讨,以就教于专家。法律对债的调整是以债权债务关系的出现为前提的。我国债权债务关系最早出现于何
Since the War of Independence, Li Jing's “Law and Economic” as the first written law in the history of our country to make explicit provisions on the issue of debt, after the Qin and Han until the Ming and Qing Dynasties, almost every dynasty in France throughout the Feudal Act without exception Put debt into its adjustment range. This shows that although China's feudal society, commodity economy is not developed, but as an indispensable part of the social and economic life, the debt has always been a feudal law in our country. At this point, the author tries to make a tentative discussion on the main contents, characteristics and the influence on the feudal economy of China's feudal legal provisions in order to teach to experts. The legal adjustment of the debt is based on the appearance of the debt-liability relationship. The earliest appeared in the relationship between claims and debts in our country