秦汉私营工商业法律环境考察

秦汉时代是我国封建商品经济大发展时期，此时私营工商业比较活跃。“重农抑商”是秦汉政府一贯之国策，具体操作中又另当别论，因而私营工商业所处法律环境相对复杂。私营工商业财产权法律规定不明确，私人产权不稳定，易被侵夺；私营工商业经营权在法律上受到限制、排挤；私营工商业平等竞争法律规范较多、较广泛，主要服从和服务于封建专制主义国家经济；私营工商业交易关系法律达成主要表现为契约，契约是司法裁判的重要凭证。

Legal Circumstance of Private Industry and Commerce during Qin-Han Dynasties

The commodity economy made great progress in the Qin and Han Dynasties, and the private industry and commerce were very active at that time. The policy of supporzing agriculture while restraining businiss was the basieal rule duning the Qin and Han Dynisties. But when people used it to direct their work, it was quite different. So it made the legal circumstance very complex. For example, the laws about the property rights were not clear. The private property rights were not steady, others could infringes them easily. The rights about management were restricted and supplanted. There were many laws about the fair competition, which were mainly used to serve the feudal national economy. The laws on the relationship between the businesses were usually behaved as the bonds. They were the important credence in judicial judgement.