从法律上揭开一个东方文化神话:从合同法角度重新解读关系

Z. Zhou
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引用次数: 0

摘要

关系通常被视为一个东方文化神话,因为它经常让那些没有接触过中国人的人在各种社交场合与中国人交往时感到困惑。正是由于关系的特点令人困惑,许多学者花了大量的时间来研究它的起源和演变。然而,仅仅探索“关系”的文化和历史渊源已不足以满足其日益多样化的受众需求,尤其是在跨境互动逐渐加强的时代。正是在这样一个时代,探索一种与不同观众更相关的解释是必要的。本文旨在借鉴合同和合同法这一普遍概念,对“关系”进行新的解释。同时,本文也将运用交易成本分析作为关系与契约之间的理论纽带,为新的关系解释提供哲学基础。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legally demystifying an oriental cultural myth: reinterpreting Guanxi in reference to contract law
ABSTRACT Guanxi is often seen as an oriental cultural myth, because it often led people who are not experienced with the Chinese into confusion while interacting with Chinese people in various social settings. It is because the confusing characteristics of Guanxi, many scholars have dedicated their time to investigate its original and its evolution. However, a mere exploration into Guanxi's cultural and historical origin does not suffice the need for its increasingly diversified audience, especially in times where cross-border interactions are gradually intensified. It is during such a times, the expedition for an interpretation that is more relatable to the diverse audience is necessary. This paper is aiming to draw a novel interpretation of Guanxi by referring to contract and contract law – a universal concept. Meanwhile, this paper would also employ transaction cost analysis as the theoretical link between Guanxi and contract, which would serve as the philosophical foundation for the new interpretation of Guanxi.
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