盐业契约论(六)——盐业契约之习惯法与成文法的互动关系

中国法律近代化转型时期,国家制定的成文法与民间社会存在的习惯法并存,共同稳定和规范着社会秩序。在此历史时期产生于四川的规范盐业生产经营的契约,遵循盐业生产经营习惯,规范盐业生产经营秩序,并与国家成文法相互依存、相互影响,形成了一个双向互动的关系,促进了盐业生产经营的正常进行,带来了盐业的繁荣。本文从习惯与习惯法解析入手来探讨近现代时期习惯法与成文法的关系,以盐业契约纠纷的解决之具体案例的分析来进行佐证。

On Salt Industry Contract (Ⅵ)——Interrelationship between Common Law and Statute Law

In the modernization period of China' laws, the statute law and the common law coexisted, and made joint efforts to stabilize and regulate the social order. Meanwhile, in order to standardize the production and operation of salt industry, the related contract appeared in Sichuan Province. The contract followed the customs of production and operation of salt industry and standardized its order. At the same time, the contact and statute law were interdependent and interinfluential to form a kind of interactive relationship so that they promoted normal production and operation of salt industry and brought about economic prosperity in the salt industry. Starting with customs and common law, this paper analyzes the relationship between modern common law and statute law by concrete cases.