明律“私充牙行埠头”条的创立及其适用

明律新创“私充牙行埠头”条,将牙行制确定为全国通行的一种法定制度,在市场管理中扮演着重要角色。该条的创立是对中国古代尤其是宋元以来市场交易中介行为进行总结继承和明初社会经济秩序要求“因事制律”的结果。该条在调整市场秩序的实践中发生了一定作用。明代官府通过控制市场交易中介组织来调整市场秩序的经验对清代的市场管理法制产生了重大影响。

The Establishment and the Application of the lv of Private Brokers (Si Chong Ya Hang Bu Tou) in Ming Dynasty

Great Ming Lv established a rule on private brokers and agents called Si Chong Ya Hang Bu Tou, making the Ya Hang system a general institution throughout the country, playing an important role in the administration of the markets. The establishment of the rule is the sum - up and inheritance of the agency acts in ancient Chinese market transactions, especially after the Song and Yuan Dynasty, and also the result of the requirement of making rules on the events by the social economic order in the beginning of Ming Dynasty. The rule worked in the practice of the regulation of the market order. Such an experience of Ming government, as to regulate the market order through the control of the agency organizations in the market transactions, has influenced a lot on the legal system of market administration in Qing Dynasty.