中人在清代土地绝卖契约中的功能——以中国传统交易规则的影响为视角

Functional Analysis of “Zhong Ren" as A Third Party in Contracts for Conclusive Sales of Land in Qing Dynasty——From the Perspective of Chinese Traditional Transaction Rules

中人是清代土地绝卖关系的重要参与人,是土地绝卖契约有效成立的必备要件之一。"立契有中"是影响买卖双方契约观念的最重要因素,而这种因素又是由中国传统交易规则所固定下来的传统决定的。因此,中国传统交易规则是型塑中人在清代土地绝卖契约中功能的基因。

Zhong Ren is an important participant and indispensable party in an effective contract for conclusive sales of land in Qing Dynasty. ＂There must be a Zhong Ren as witness to conclude a contract＂ has become an essential notion for both parties to the contract. Such notion is determined by Chinese traditional transaction rules, which acco clusive sales of land in Qing rdingly become the underlying cause for the functioning of Zhong Ren in the conDynasty.