商法历史发展的中西比较研究

Comparative Study of the Historical Development of Commercial Laws between China and the West

与中世纪西欧相比,由于古代中国较早地建立了统一的中央集权统治,专制统治者们实行“重农抑商”和垄断对外贸易的经济政策,工商业发展和商人们一开始便受到专制法制的制约,工商业发展水平比较低,因而在中国传统社会中没有形成类似于西欧的商人法,也不可能产生根植于中国传统社会资源的中国商事法。

Different from West of Middle Ages, the centralized dominion was established in an early time of ancient China when the feudal despots exercised the policy of encouraging the development of agriculture and restricting that of commerce, therefore, the development of businesses and commerce were restrained at the very beginning, which is why a Merchant Law similar to that of European countries had never originated from ancient China.