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明清时期,商人通过行走江湖这种社会流动的方式,随之建构起诸多的社会网络。然而,他们在外出经商过程中,势必会遇到来自“天灾”与“人祸”的两大风险。在这两大风险中,天灾固属偶然性因素为多,而人祸则相对更为普遍,对商人经商造成的风险更大。遇到人祸,商人一方面只得求助于地方官府,而官府通常只是就事论事,并未将其上升到法律的层面加以处理;另一方面,在商业经营过程中,维系商业正常经营的仅仅是道德,而不是法律。进而言之,传统中国一向实施的是一种重农贱商的政策,即使到了明清两代,法律上仍无关于商业的成文规定。
In the Ming and Qing Dynasties, merchants built a lot of social networks by means of social mobility such as rivers and lakes. However, they are bound to encounter two major risks from “natural disasters” and “man-made disasters” when going out for business. Among the two risks, natural disasters are more fortuitous and casualties are more commonplace, posing a greater risk to business people. In the face of man-made disasters, merchants on the one hand only resorted to local government, and the government usually just things, did not raise it to legal level to deal with; the other hand, in the course of business operations, to maintain normal business is only moral, Not the law. In other words, the traditional China has always implemented a policy focusing on agriculture and commerce. Even in the Ming and Qing dynasties, the law still lacks written provisions on commerce.