工商食官“制度论”的法理障碍

Regard Industry and Commerce Serving The Government as a System Against Legal Principle

工商食官最多是一种习惯,或者政治家的设想,因为一旦它被制度化,周代就不可能存在自由工商业者。从法理上分析,既然工商业者是在官奴隶,周代也就不存在工匠、商人纳税问题,市场也因为缺少交易对象而失去存在必要。《周礼》所述市场上诉讼制度、官府放贷于民制度都只能是虚幻的构想。然而,周代的人口规模和市场密集程度,使我们相信工商食官不是制度,存在自由工商业者。

The Industry and Commerce Serving The Government one kind of habit,or statesman＇s tentative plan at last.because if it was one system suppose.Impossible existing free industrialists and businessmen in Zhou Dynasty.Mount analysis from legal principle,since industrialists and businessmen is to be in the official slave,on behalf of not there exists the craftsman,the businessman pay duty problem in the cycle also right away,the marketplace certainly needs also lose existence because of being short of the business marriage partner.＂Rites of Zhou＂ on stated marketplace,that legal action system,the feudal official put in a loan being able to only in people system is unreal idea.The population scale that the cycle replaces and concentrated degree of marketplace but,make us believe that industry and commerce eats a government official is not system,existence free industrialists and businessmen.