论文部分内容阅读
以买卖合同法为中心的当代中国买卖法,在制定与实施的过程中,遇到诸多阻力,并引发持续的争论。尽管其背后的原因既有法律模式的偏向,也有法律解释学引发的误解,但其中中国历史维度的缺失无疑不容忽视。中国自三代以来就出现了各种形式的买卖契约,并发展出颇为成熟的买卖制度,不仅有严密有效的规范体系,更形成了某些价值原则,它们保障了传统社会稳定的买卖交易秩序。重新认识并解读传统买卖制度,于今仍具有重要的意义。
The contemporary Chinese sale and purchase law, which focuses on the sale and purchase of contract law, encountered many obstacles in the formulation and implementation of the law and triggered continuous controversy. Although the reason behind it is not only the bias of the legal model but also the misunderstanding caused by legal hermeneutics, the absence of the historical dimension in China undoubtedly can not be ignored. Since the third generation, China has seen various forms of sale and purchase contracts and the development of a fairly mature trading system. Not only has it adopted a strict and effective regulatory system, but has also formed some value principles that guarantee the stability of the traditional social trading order . Re-understanding and interpretation of the traditional trading system is still of great significance today.