盐业买卖契约与现代买卖合同制度比较研究

在我国民间流传着“民有私约，约行二主”以及“官有政法，民从私约”的说法，它准确而清楚地表明了民间秩序的建立和维护主要依靠契约来进行。在一定程度上。四川近现代盐业买卖活动是自给自足的自然经济向商品经济转化的重要标志，对于盐业生产关系的发展和完善起着强有力的推动作用。从“内涵”与“本质”上来说，现代买卖合同与盐业买卖契约具有一脉相承性，盐业买卖契约内含的精深思想在很大程度上被现代买卖合同所吸收，但由于时代经济特征．盐业买卖契约又具有自己的特色。挖掘民族文化遗产的盐业买卖契约文化精神，对于丰富和完善现代合同制度无疑具有重要意义。

The Comparative Study of Salt Trade Contract and Modern Trade Contract System

There is a popular saying that ＂a private folk contract engages and is abided by two men＂ and that ＂government rules the country by laws; on the contrary, people trade according to their private contracts＂ in China, which clearly indicates that the constitution and maintaining of the folk order mainly depended on contracts. To some extent, the Sichuan salt trade is a significant turning point from a self-sufficiency natural economy to a commodity economy, which developed and perfected the relation of salt production. From the ＂connotation＂ and ＂nature＂, modern trade contract and salt trade contract came down in one continuous line. The profound idea of salt trade contract was mainly absorbed by modern trade contract, but it also kept its own nature due to its time characteristics. The spirit of salt trade contract as traditional cultural heritage is of significance to enrich and perfect the modern contract system.