Contract and Property in Early Modern China: Rational Choice in Political Science
Stanford University Press, 2004年2月18日 - 408 頁
Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.
第 1 到 5 筆結果，共 94 筆
Qing officials largely left these merchants undisturbed as long as statutes were adhered to, taxes paid, and consumers satisfied with an adequate supply of salt. When conflicts surfaced over basic issues such as personal versus familial ...
In addition, eighteenth-century substatutes specifically prohibit Manchu nobility and officials from monopolizing markets and require officials to pay market prices for goods (154-4)- The one area in which the state was specifically ...
Moreover, because the price paid in the case of a conditional sale was generally less than market value, the law stipulated the right of the original owner to receive a single supplemental payment if he chose not to redeem.
As a result of such mechanisms, the portfolio of Chinese families often consisted not simply of land and buildings, but of shares — in firms, in land corporations, in festival associations (which held various assets and paid dividends), ...
The ramifications of state paternalism in the notion that the greater good is served by preserving employers and letting a firm survive to pay off its debts is seen over and over again in the twentieth century, as the actual political ...
讀者評論 - 撰寫評論
一是曾小萍（Madeleine Zelin）指出：當明清時代中國商人於本國內地，西北、西南、東北邊區乃至東南亞等海外地區從事商業活動時，包含合夥、股份等不同型態的契約行為，便不斷地傳遞與演化（Madeleine Zelin, Jonathan K. Ocko, and Robert Gardella, “Introduction.” In Contract and Property in Early Modern China, pp. 2-3.）；
二是歐中坦（Jonathan K. Ocko）的提法：而當時在中國參與簽訂各項契約的民眾，他們在「想像、創造、維持與終結（各類契約中的）交換關係」時，究竟如何受到當時既有各類「團體規範」（group norms）的影響與形塑？會是很有意義的課題。學者建議不再採取偏重法官與法學家如何建構「契約法」這類所謂「法學中心論者」（legal centralists）所關心的議題，改採「團體規範」與「契約行為」互動的研究取徑，可能會更有啟發性（Jonathan K. Ocko, “The Missing Metaphor: Applying Western Legal Scholarship to the Study of Contract and Property in Early Modern China.” In Contract and Property in Early Modern China, p.197.）。
Managing Multiple Ownership at the Zigong Salt Yard
Financial Arrangements in
Contracting Business Partnerships in Late Qing
Chinese Names and Terms
List of Contributors
Supplemental Payment in Urban Property Contracts