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中国古代的商人在历史发展的过程中拥有非常特殊的地位,商人的活动对于当时社会的政治经济和文化产生了一定的影响,而其活动方式和势力的消长又受到当时社会诸多方面的制约。因而,传统法律思想对中国商事关系及商业活动的调整,应当成为我们研究关注的对象之一。从这个意义上讲,通过对明清晋商活动兴衰的全面考察,可以揭示古代商人阶层与传统法律思想文化之间的互动关系,即古代法律是如何调整商事关系及商业活动,后者又是如何在实践中逐渐影响到传统法律思想文化的发展与演变的。
The ancient Chinese businessmen had a very special status in the historical development. The activities of traders had a certain impact on the political economy and culture of the society at that time, and the growth and decline of their modes of activities and forces were constrained by many aspects of society at that time. Therefore, the adjustment of the traditional legal thinking on commercial relations and commercial activities in China should be one of the objects of our research. In this sense, through the comprehensive investigation of the rise and decline of Shanxi merchants in the Ming and Qing dynasties, it is possible to reveal the interactive relationship between the ancient merchant class and the traditional legal ideology and culture, that is, how ancient laws regulate commercial relations and commercial activities, and the latter is How to gradually influence the development and evolution of the traditional legal ideology and culture in practice.