Legislation for the market

Author: Yu Zhong
Publisher:
Publish Date: 2004-10-01
Features: "City" is a commonly used term in our lives. It is composed of two common characters: "cheng" (city) and "shi" (market). However, what we often overlook is that "cheng" and "shi" represent completely different concepts, and their distinctions can be clarified. When we think of "cheng," the first image that comes to mind is a square-walled city, with crenellations on the walls and gates built at the base as passages between the city and the outside. Some cities even had moats dug outside the walls, with drawbridges spanning the water. When the drawbridges were raised from the walls, the moats became natural barriers, preventing people inside from leaving and those outside from entering. Today, the ancient city of Xi'an, with its well-preserved walls, and the famous Golden Water Bridge outside Tiananmen in Beijing, serve as vivid examples of the concept of "cheng." What is the purpose of "cheng"? The classical novel Romance of the Three Kingdoms provides a vivid answer: a target for one side to attack and a defensive barrier for the other. The so-called great figures of history, after scheming and plotting, often fought over these cities. Once a city was captured, the victor would stand proudly on the walls, facing the defeated general outside and laughing triumphantly, his arrogance unmistakable. As for the defeated, they could only resolve to find another opportunity, devise clever plans, and wait for the day they could once again become the master of the city. In addition to this square "cheng," there is also the Great Wall, stretching for tens of thousands of miles across northern China. Although its shape is vastly different from that of a square city, its function remains the same: defending against external enemies and safeguarding the safety of the interior (i.e., the Central Plains). In summary, in traditional Chinese society, "cheng" and "wall" were always linked. In reality, a city is a magnified wall, and a wall is a miniaturized city. However, whether it is "cheng" or "wall," both are deeply intertwined with military affairs, warfare, and conflict. As for the traditional concept of "shi," it primarily means commerce. Terms associated with "shi" include "market," "marketplace," "striving for fame in court and seizing profits in the market," and even "petty and unscrupulous merchants." Generally, "shi" stood in contrast to the state, court, imperial court, and the upper class. During those times, merchants, as the main participants in market transactions, were ranked last among the "four classes of society" (scholar, farmer, artisan, and merchant) and were long suppressed by state laws and negatively evaluated by social morality. The saying "no merchant is honest" circulated in folk wisdom; the famous line by the great poet Bai Juyi, "merchants value profit more than parting," reflects this sentiment. The ideal of ambitious individuals was always to enter the city as an official, while entering the market to engage in commerce was considered the lowest of options. In Dream of the Red Chamber, Baoyu is regarded as a treasure by his family precisely because he has the potential to become an official; in contrast, Xue Pan is despised by his clan and has no choice but to turn to commerce. With the passage of time and the influence of Western culture, as commercialism rose in modern times, the distinction between "cheng" and "shi" has gradually blurred. This is because there is always a "shi" within a "cheng," and large markets are typically located within cities. Unknowingly, the status of "shi" has surpassed that of "cheng." Especially in contemporary China, "shi" seems to mean the central city, while "cheng" often refers to county towns. Look around—today, many counties are competing to be upgraded into "shi." The drive behind this wave of urbanization is partly fueled by the desire of county magistrates: while they may oversee a "cheng" (county town), it is always more prestigious to oversee a "shi" (city). In reality, the sudden rise in the status of "shi" is not without reason. Fundamentally, it reflects the profound social transformation brought about by the impact and replacement of the traditional economic model by the market economy. The character "cheng" still exists, but the walls, gates, moats, and even the Great Wall are either long gone, reduced to dry memories in history, or have completely lost their original functions, now serving only as "cultural heritage" for people to admire, visit, or explore. Modern people no longer value the square "cheng." In contrast, the numerous new "shi" are built upon the market. Where there is a large market, a new city may emerge. Shenzhen was once just a small fishing village, but as the market "grew," the fishing village became a modern city. Most markets may have grown out of ancient cities, but they always represent a break, an impact, and a detachment from their parent city and its walls. The square "cheng" as a symbol represents a historical era of confinement, closure, supreme power, strict hierarchy, military conflict, and political domination. The curtain of this era, like the closing act of a play, is slowly and heavily falling. The clamorous "shi," on the other hand, ushers in a new era with the banners of wealth, tolerance, power-first, freedom and equality, market economy, and legal supremacy. This era is approaching us. Today, street names in cities often include terms like "East Gate," "South Gate," "West Gate," and "North Gate," but most of these so-called "city gates" are long gone. On the ruins of these ancient gates, bustling "shi" have sprouted like mushrooms after rain. A bustling market is a lively marketplace. In the market, people are connected by interests, struggling, compromising, and cooperating with one another. Endless haggling satisfies people's desires while also creating endless conflicts and disputes. Through the market, society has accumulated increasing wealth, but it has also brought about more disasters. The market is both heaven and hell; ultimately, the market is a platform where people pursue interests. However, in the process of pursuing interests, how to prevent mutual destruction in struggles, avoid exploitation by the strong in compromises, and promote incremental benefits in cooperation becomes a question worth considering. The main purpose of this book is to address these issues from the perspective of legislation and jurisprudence, hence the title "Laying Laws for the Market." "Laying a Heart for Heaven" was the ideal of ancient sages, while "Laying Laws for the Market" is the mission of modern jurisprudence.