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Research on the Land Ownership Thought in Chinese Traditional Legal Culture

Author: ZhangXiaoJing
Tutor: ZhouZuoNan
School: Changchun University of
Course: Civil and Commercial Law
Keywords: Ancient China State ownership of land Private land ownership Collective ownership of rural land Land contract and management rights
CLC: D923.2;D929
Type: Master's thesis
Year: 2011
Downloads: 54
Quote: 0
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Abstract


Purpose of this paper is to examine the historical sequence of land ownership in ancient China on the basic content of thinking , to explore China's traditional legal culture change land ownership laws of thought , to find our land ownership system may \ownership of successful experiences and failures , in order for our reconstruction of rural land rights regime to provide experience and learn from. In the integrated use of historical analysis , diversity and combining ancient and modern research methods based on paper cut from a novel perspective for our current rural land rights reform put forward innovative proposals the following : First, the existing rural land collective all within the framework of coordinating the state, collectives and farmers tripartite relationship between abnormal change the existing strong state power , while collective and peasant forces abnormal weak situation , farmers should be given more rights . The second is to promote the land contract and management rights in rem , the right to land contractual management competence legalization ; while strengthening the land contract and management rights transfer free construction, so that agricultural land market in the allocation of resources to play a leading role. The first part and the second part of the historical era of the main line, examines China's traditional legal culture course thinking of the changes of land ownership . From the vertical perspective , not only using the staging by dynastic history , but in the state ownership of land and private land ownership \Warring States - Qin and Han , Wei and Jin - Tang , middle and late - Ming and Qing Dynasties . Historical staging itself is not focused , aimed at a better showing in this way the national land ownership and private ownership of land in the four stages of evolution and development. The third part is the first two chapters on the basis of a systematic combing , summed up China's traditional legal culture evolution of land ownership thinking . As a practical significance of historical research , the fourth part of the study of China's current status of rural land rights , as well as historical inheritance between the current system and further proposed a reform of the existing rural land rights regime feasibility of the program .

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