从经济法视角评析王安石变法失败的原因

摘要

The mainstream of evaluation on Wang Anshi reforms was negative during the feudal era but positive in the modem times. The main contents of Wang Anshi reforms involve three aspects including economy, military and personnel. The core and the most controversial part of the reform is its economic reform. The core of the idea of Wang Anshi economic reform was the nation's regulation on economy which is similar to the idea of modem economic law. The Young Crops Act is similar to the act of the modem bank run by government and the Shiyi Act is similar to the act of financial holding company run by government. But the generation of economic law has its certain economic, political, and cultural basis. The economic basis of economic law is the emergence of monopoly in market economy; the political basis of economic law is the emergence of democratic nation; the law culture basis of economic law is its transcendence of traditional culture of the classification between the public law and the private law. The Song dynasty has no abovementioned social basis:the monopoly in the society of Song dynasty is not one which come into being after market economy has fully developed, so the government intervention in economy produced worse monopoly; the Northern Song dynasty government is not democracy but authoritarianism regime, so the combination of administrative power and economic rights causes more corruption; there was no classification of public law, private law and social law in the Song dynasty, so the economic law can 't become a successful method for government to manage reforms is that its ideas were in advance too much economy. Thus, the reason of the failure of Wang Anshi%封建时代对王安石变法评价的主流是否定，近现代学者则以肯定为主。王安石变法的内容涉及经济、军事和人事科举等三方面内容，其核心和争议最大的是其经济改革内容。王安石经济改革的核心思想是国家对经济的管理，这与近现代经济法思想颇为相似，而其中的青苗法和市易法与近现代经济法最相似：青苗法近似近代的政府开办银行；市易法近似近现代政府开办金融控股公司。经济法的产生有其特定的经济政治和文化基础：经济基础是市场经济中垄断的出现，政治基础是民主政治国家的出现，法治文化基础是对传统公法、私法划分缺陷的超越。宋代显然不具有这样的社会基础：宋代社会的垄断不是市场经济充分发展基础上的垄断，是政府介入经济造成更坏的垄断；北宋政府不是民主政治政府而是集权专制政府，行政权力和经济权利的结合造成更多的腐败；宋代没有公法私法和社会法划分的思想，经济法不可能成为政府管理经济的成功方法。所以，王安石变法失败的根本原因是其思想过于超前。