Seeing that everyone didn't speak, Du Zhongxiao said to Xu Hark: "Director, the mall is in business, you can talk about it." The first day of the deed must be signed by the guarantor, the second is the deposit when the deed is made, and if it cannot be completed, how much amount of liquidated damages will be established, which is more appropriate? ”

Tsui Hark got up and arched his hand: "Back to the lift, I am in charge of the shopping mall these days, and I feel that the two methods of guarantor and deposit have their own advantages, and they can't be biased." There are loyal and thrifty people who want to do business, have no capital, and have some connections, which can be guaranteed. Like a shopping mall, when looking for a merchant below, the first thing is to let the camp farm work as a guarantee and lend money to the village community. Later, some money will be deducted from the payment as a deposit, and there is no need for an insuror. There is a businessman from other places with a lot of money, where can he find a guarantor locally? Just let them pay a deposit and do the same business. However, in either case, it is best to clearly state the liquidated damages when you enter into the deed. If it is not written, in the event of a breach of contract, the compensation can only be made according to the amount of loss. Here's a definite number? Countless lawsuits have been fought in vain. ”

Zhang Shi'an said: "There is capital and interest in doing business, and there is a market price, how can you not calculate the exact number of losses?" ”

Tsui Hark arched his hand: "To raise the sentence, take the shopping mall managed by the student as an example." The mall agreed with a certain merchant from Quang Nam to let him sell some South Sea pearls. When the time limit is reached, or the goods are delayed, or the quantity is insufficient, and the contract is not clearly written, it is difficult to determine the amount of compensation. We have also experienced more of this kind of thing, and we have to give advice, and now the commercial deed clearly stipulates liquidated damages. How much is the penalty for being late for one day, and how much is the penalty for a short quantity, there are clear deeds, and there are many fewer disputes. ”

Ma Xun knew in his heart that Du Zhongxiao was discussing this issue now because Shisanlang and others had snatched people from Yicheng County. The Yicheng County Order had already inquired that it was the people who did the field work, and the letter was handed to the state. Ma Xun was born in Mao Shi, not a jinshi, and he was already looked at differently in the officialdom, and his official position was lower than Du Zhongxiao, so it was not good to be forced to get people there, so he hesitated for a while. Du Zhongxiao fundamentally solved the problem, and also found a step for the horse.

Ma Xun is proficient in the law, how can he not know the loopholes in this? Thirteen Lang robbed people first, and the contract regulations came later, and if the law did not go back, it stands to reason that this case would not be managed. However, as long as the new regulations are issued, the county decree can be decided and punished according to the new law, which is within the authority of the magistrate. With a plan in his heart, Ma Xun basically did not participate in the discussion, and he just waited for the three supervisors in charge to discuss the results and implement them.

Zhou Xin pondered for a long time and said: "If you make a contract, you will clearly write the amount of money to be compensated for breach of contract, but there are also many benefits. I am afraid that some businessmen are greedy for benefits and will deliberately default on the contract. For example, when a shopping mall buys and sells goods, when signing a contract, the market price is a certain amount, indicating how much penalty will be paid for breach of contract. When the goods are transported to the place, the market price rises, and the default makes a lot of money, and the merchant defaults. The laws and regulations of the local government are clear, and the customs are pure, and when this kind of thing happens, the customs will be corrupted. This matter should be considered more carefully, and it should not be done just because it is easy for the yamen to handle the case. ”

The magistrate has a certain degree of discretion over the case, and must decide the case in accordance with the law, but he can adjudicate the case according to the circumstances, and it is sufficient to have no objection from top to bottom. One reason is that the governance of the local government is not only to enforce the laws of the imperial court, but also to educate the local government, and there is no difference between the two. Whether the case is strict or severe, or lightly punished, one criterion is whether it can educate the locality, the so-called pure customs. When necessary, the case can even be judged outside the law according to local customs, that is, the original style of the township. State and county officials are different from those of the road-level superintendents, and they are also different from later generations. They are not only sent by the imperial court to govern the local area, but also represent the local area to the imperial court. For the people, it represents the court, and for the court, it represents the local people, on the one hand, the court law, and on the other hand, the village and original rules. The local regulations are part of the laws of the imperial court, which are called the regulations of one state and one county. The original style of the township is a local custom and habit, and when a case is encountered that does not conform to local common sense, the local petition to change the result is based on this.

This is what Zhou Xin meant, if the liquidated damages are clearly stipulated when the contract is concluded, the businessman will naturally choose to breach the contract when the breach can get benefits. In this way, the custom of ignoring the contract and dishonesty will be cultivated, and the principles of governance will be violated.

Du Zhongxiao said: "Deputy envoy, businessmen are originally profit-seeking. Any single business is risky, and how big the risk is and how much each party bears is shown in the contract. How does it behave? One party will be fined for breach of contract, and the other party will be fined for breach of contract, and this amount is the estimated risk of each party. I was wrong at the time, and what did I say later? If you are so dishonest, it is better not to do business with this family in the future. ”

Zhou Xin thought about it and nodded: "It makes sense to say so." However, there are many inconveniences in the civil life contract. ”

Du Zhongxiao said: "The personal deed is much easier to handle. The people who sold themselves into slavery were all desperate and had to do so. The court should love the people, restrain the master from treating slaves harshly, and the contract is naturally inclined to the prostitution. If the traitor wants to redeem himself, the master should not stop him, yes or no? ”

Zhou Xin and Zhang Shi'an nodded: "It should be like this." ”

Du Zhongxiao said: "That's easy to do." There is a time limit when the contract is made, and if you redeem the person in advance, you only need to divide the pawn money over the time and return the money for the following days to the master. Of course, after the redemption, the host's family may want to hire a new person, and it will take time, so you can discuss whether to do more days and wait for the master to hire someone to come before leaving, or pay some fine. This date should be set, a maximum of one month, and the fine should not be more. ”

Du Zhongxiao was calculated according to the resignation of the factory workers he was familiar with, and resigning one month earlier was not considered a breach of contract, and he really couldn't wait to pay compensation. The slaves of this era were actually wage workers, and they were still household members of the imperial court, and their personal rights were protected. However, this condition is too lenient for slaves.

Zhang Shi'an said: "Promotion, if it is so determined, for the person who sells his body, the term of the contract is dispensable, and there is no constraint at all." When redeeming oneself in advance, it is still necessary to consult with the main family, and it is better for both parties to agree. As long as the master's family doesn't lose money, who will force people to stay? ”

Du Zhongxiao said: "Why don't you force people to stay?" The sentence was raised, and Yao Shouxin's sister-in-law was said to be the one who was not allowed to redeem herself outside the family and was forced to stay at home, just to covet her appearance, not to covet her work at home. In this case, it is not possible to impose a deadline. ”

Seeing that the others didn't speak, Du Zhongxiao said: "Otherwise, in order to restrain the person who sells his body, the amount of the fine can be increased." How many days are left, how about spreading the pawn money in it and doubling the extra charge? ”

Zhou Xin and Zhang Shi'an pondered for a long time, and they couldn't make a decision for a while. They agreed, and it became a local ordinance in several nearby states, and it had to be enforced. The inclusion of a breach of contract clause does not violate the laws of the imperial court, but only as a supplement, and these can be decided. I agreed today, and I will be responsible for it in the future, and the two of them must weigh it carefully.

Du Zhongxiao must add a breach of contract clause, selling himself into slavery is secondary, and more important is the workers working in the factory. In the future, they will also have to add working hours, a leave system, some corresponding welfare guarantees, and even education clauses to their future contracts.

Unlike in Europe, the collapse of slavery and the rise of the status of employed during the Tang and Song dynasties were led by the government, accompanied by the revival of Confucianism. At this time, the academic trend of thought attached great importance to the control of chaos in the world, and when there was chaos, it would first be regarded as a failure to cultivate morality and politics, forcing civil unrest. Most of the attitude towards the rebels is to punish the evildoers and not ask for their accomplices. The heavy law of thieves and thieves, which is severely suppressed, is only applicable to some areas.

Under such social conditions, sweatshops simply cannot be opened, the imperial court laws do not allow it, and social morality does not allow it.

In general, sweatshops will only increase profits relatively, not absolutely. In general, sweatshops, the factory owner does not get excess profits, and only when part of them are sweatshops, the factory owners will get excess profits. Stimulated by excess profits, other factories will also move closer to sweatshops, and excess profits will slowly disappear. The squeezed labor wealth is the welfare of the whole society. On the whole, if workers do not get the remuneration they deserve, they have no spending power, which is not conducive to the development of the market. The internal market could not develop, and it had to rely too much on the external market, and imperialism continued to expand its colonies. Plundering resources from the colonies and at the same time serving as a dumping market for industrial products.

Under this model, foreign expansion can only be the occupation of colonies, not the expansion of territory. Colonies can provide resources and markets, the internal market is not perfect, and territorial expansion is not cost-effective. After the European countries became strong, the colonies were almost completely lost, which was determined by their development path.

The Western world, unable to rely on the colonial United States and Germany, cultivated an internal market and took the lead in industrial development. And in the vast colonies of several countries, industry was quickly overtaken by virtue, which shows that the colonies are poisonous cakes.

Du Zhongxiao's approach was to develop industry while cultivating the internal market, and sweatshops were not allowed to exist. Only by taking the internal market as the foundation can we last for a long time, and China's market is large enough. The Song Dynasty's internal market was able to be unified, and it was much more valuable than many colonies. Not only does society as a whole benefit, but industry also has the motivation to move forward quickly.