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The financial legal person operation form of traditional blood social organization autonomy—The initial introduction to the contractual meaning of the “Fan Family Issue” of the Northern Song Dynasty
Author: Fan Zhongxin
Source: “Huadong Political and Law Major” No. 6, 2022
Abstract: The “Fan Family Issue” in Suzhou, which was founded and continued to operate for 900 years in the Northern Song Dynasty, is a model of the realization of the self-government of social organizations in traditional China. Taking “Yitian” or family fund-style financial group legal person as the foundation of autonomous economy, serving the five internal sects as members of the autonomous group, and worshipping ancestors and gathering tribes, helping the civil and economic difficulties, and winning the will of the country as the goal of autonomous public welfare. This group of organizations has successfully strengthened the serious lack of national public governance and services. Fan’s Yizhuang is suitable for the two legal definitions of social and financial groups in today’s civil law. It is one of the classical samples of the Chinese people’s contributions to human value in terms of contract civilization and autonomous civilization.
Bao Woman Keywords: Fan Yizhuang; Financial Group Legal Person; Social Autonomy; Contract Civilization;
Author Introduction: Fan Zhongxin, Huadao Major Special Professor, Ph.D. in Law.
1. Introduction
The historical community has long discussed it. Those studies, the important things to pay attention to are the following Protection website Questions: First, the discussion on the “feudal” collective land system and tenancy relationship of Fan Yishu, the second, the discussion on the effectiveness of Fan Yishu in aggregating ethnic groups, strengthening clan rights, and maintaining the patriarchal order, the third, the study on the effectiveness of Fan Yishu in the common compassionate economic salvation and its assistance to the country’s “bad politics”, and the fourth, the study on the influence of Fan Yishu in moral education and Confucian ethics practice. [1] These discussions, developed from the Marxist theory of materialism, have tried to figure out the essential properties of the phenomenon of the zodiac sign in traditional China, the historical appearance and operating rules of the zodiac sign. Although there are many achievements, there are certain shortcomings. Based on the concept of industrial and agricultural reactions influenced by the Paris Commune and October reactions, it evaluates the foundation of the creation of the Huaxia predecessor a thousand years agoThe form of social autonomy in the blood, and the evaluation of the contribution of Huaxia Xiansheng to the cooperation and inheritance of human civilizations with the standards of Su Via’s consciousness, can limit our observation and vision without knowing it, and make us lose the value of human civilizations that historical researchers should have. After the Fan Yi Zhuang has become a former seventy years ago, if the Fan Yi Zhuang can break out of the limitations of the old thinking paradigm, if it can develop from the perspective of human civilization evolution, develop from the perspective of human energy and the value of mankind civilization, and further deeply evaluate the autonomy, contractuality and market nature contained in the historical creation of Fan Yi Zhuang, the “universality” and “modernity” values of Fan Yi Zhuang can be easily discovered from the beginning.
2. Fan Yizhuang Creation and Confession: Contract civilization and the transformation of the Tang and Song dynasties
The Tang and Song dynasties were a very revolutionary period in Chinese history. Since the Song Dynasty, many scholars have recognized the great changes in China in that era. Teacher Chen Yinke once said: “The civilization of the Chinese and Xia tribes has evolved thousands of times and has been created in the Zhao Song Dynasty. Later generations will eventually revive.” [2] According to the teacher, the civilizations of the two Songs were the highest level that the Chinese and Xia tribes could achieve under the rule of the Chinese and Xia tribes. Since then, the civilizations of the Yuan, Ming and Qing dynasties were not as good as those of the Song Dynasty in the overall state or level. This way of speaking has its own certain truth. As for the recent years, some scholars who have extended japan (Japanese) have argued that “there is no Chinese after Yashan” has been discussed, [3] is of course a deviation, but we understand that the Tang and Song dynasties will be greatly changed.
japan (Japanese) scholar, the chief teacher of Konan, once highly praised the historical position of Song Dynasty civilization: “The Tang Dynasty was the end of the medieval period, and the Song Dynasty was the beginning of the later generations.” He believed that the great changes in modernity that occurred in the Song Dynasty were important, “political.” In other words, it lies in the decline of noble politics and the emergence of the sovereign sanctions, “the position of the people has also changed significantly… The meaning of the people who own all rights of the local governments is doubled”, as well as the changes in the government’s system of selecting officials, the changes in the quality of party competition, the level of economic development of currency, the changes in academic literature and art, etc. [4] His views were collectively summarized by later generations as the “Tang and Song dynasties’ Changes”. In the south of Hunan, Minota Miyazaki City, Minota, proposed the “Late Song Dynasty Constitution”. He believed that “the Song Dynasty in China realized the advancement of social economy, the development of urban society, the popularization of knowledge, and the comparison with the rejuvenation of European literature and art, should we understand the development of parallel and equivalent value. Therefore, the Song Dynasty was a practical and comprehensive era of Eastern literary and art rejuvenation.” “Socials in the Song Dynasty could see the obvious direction of capitalism, presenting a clear difference with medieval society.”. [5]
In the mind of Wu Hui, a scholar of Song history, the Song Dynasty was even “the modern breeze hour”. He believed that compared with previous dynasties, the Song Dynasty’s public ownership of local governments had a step-by-step confirmation of large-scale surplus agricultural students and moved into cities and industries, urban structure, domestic trade development, commercial trust development, and commercialization. The proportion of industrial and commercial tax exceeded the agricultural tax and deepened the level of currency, and the development of the planning era. In terms of the budding indicators of commercialization, marketization, currencyization, urbanization, industrialization, contracting, mobility, universalization, equivalence, utilitarianization, welfare, expansion, collectiveization, civilized, and rule of law, “Did these modernization indicators of economic transformation, social transformation and political construction appear in the Song Dynasty? Yes, they appear in the morning.” 【6】
As the relevant debate in the Song Dynasty, the Song Dynasty began in the late Chinese era, the lack of knowledge preparations made it impossible for the author to participate in the discussion. However, the two-Song civilizations were far more modern than the Yuan, Ming and Qing dynasties of later generations, especially in terms of employment, landlord rights transfer, business and currency, market and foreign trade, civil service system, academic thinking, etc., and were beyond the Tang Dynasty, and were not as good as the three generations in later generations, so it was a feeling of being unable to resist after reading the history of the Song Dynasty. The nature of the connection between the spiritual connection or value differences between Song civilization and modern civilization is not allowed to be ignored even if we do not adhere to the “Tang and Song Changes Discussion”, we cannot ignore it.
The key to the social changes or reactionary progress in the Song Dynasty was contractualization. British historian Moines believes: “All the movements of progressing society have so far been a movement of ‘from component to contract’.” [7] The “component” he calls refers to the relationship between individuals’ father’s rights family or other pre-paid, fixed groups; no one can afford to establish their own will and to destroy the family or other groups as much as possible, and to create rights and obligations for themselves. The so-called “contract” means that an individual can create rights, obligations and social positions for himself by establishing an agreement without restraint. The process of “from component to contract” is actually a process of individuals constantly moving towards unrestrained and independent, and is the process of the most basic change in personality. From this judgment, when we examine the progress of Chinese society and the history of systemic progress, we
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