论传统契约中的契约理念——以四川自贡盐业契约为例

Comment on the Contract Philosophy of the Traditional Contract——Taking the Salt Contract of Zigong, Sichuan as Example

契约文化在中国已有六千五百年的历史,在中国传统历史文化中"契约"只被表述为"契"或是"文约",经过几千年的传承演变逐渐形成了自身独特的契约制度。文章从理解西方契约理念着手,以中国四川自贡地区特有的盐业契约为例,探析我国传统契约中的契约理念,将其与我国现代合同法的基本原则进行对比分析,发掘传统文化领域中优秀的盐业契约法律文化并充实我国契约理论,寻求传统契约理念对现实立法的积极意义。

The contract culture has a long history of 6,500 years in China, but there was no ＂contract＂ in the faraway traditional culture of the cultural system. This vocabulary was written as ＂bargain＂ or ＂agreement＂. This contract, different from the Western one, came into its own unique contract system after several thousand years of inheritance and evolvement. This paper tries to start from the understanding of the concept of the western contract, takes the salt contract of Zigong of Sichuan Province as example, analyzes Chinese contract philosophy in the traditional contract, studies and compares it with the basic principle of our modern contract law, to discover the excellent culture of law of the salt industry in the traditional culture field, enrich our country＇s philosophy of the contract and look for the positive significance of the traditional contract philosophy for the practical legislation.