清末“新政”以前的中国经济法律传统可概括为九点,其中“重农抑商”是统领中国经济法律传统的“纲”,与传统中国社会的盛衰密切相关。“重农抑商”突出表现在对农业,特别是对土地关系的法律调整上。中国历史上的土地国有制主要有井田制和均田制,私有制主要是自耕农经济和租佃制,事实上这两种所有制都导致了传统中国社会盛衰治乱的循环。这种国有与私有所引起的周期性的循环怪圈,根源于经济社会结构的单一和封闭,以及专制政治和“重农抑商”的强化。在中国文化中,“重农抑商”上合天理下符国情,是有“道”的法律传统,所以如此重要和必要。我们可以得到这样一个认识,即对中国这样一个大国来说,经济法律(传统)与社会盛衰的关联最后在于道,道可以不同,但不可以无道。 The tradition of Chinese economic law before the “New Deal” in the late Qing Dynasty can be summed up as nine points. Among them, “focusing on agriculture and suppressing commerce” is the “guiding principle” governing Chinese economic and legal traditions and closely linked to the prosperity and decline of traditional Chinese society. “Restraining Agriculture and Restraining Business” is prominently manifested in the legal readjustment of agriculture, especially land relations. In the history of China, the state ownership of land mainly consisted of a coalfield system and a land leveling system. Private ownership was mainly a self-cultivating peasant economy and a tenancy system. In fact, both of these ownership systems led to a cycle of ups and downs of traditional Chinese society. This cyclical circular cycle caused by state ownership and private ownership stems from the single and closed economic and social structure as well as the tyranny of “autocracy and repression of commerce.” In Chinese culture, the principle of “focusing on agriculture but restraining commerce” coincides with the national conditions and is a legal tradition with “Taoism.” So it is so important and necessary. We can get the recognition that for a big country like China, the link between economic law (tradition) and the rise and fall of the society lies in the fact that the Tao can be different, but it can not be ignored.