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Preemption System in Modern China Dynasty

Author: RenXiuJie
Tutor: ZengDaiWei
School: Southwest University of Political Science
Course: Legal History
Keywords: Preemption Neighbour Ken households Lien rights Lessee Case Conflict Integrate
CLC: D929
Type: Master's thesis
Year: 2008
Downloads: 151
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Abstract

The so-called pre-emptive rights, referring to the Chinese legal system and commodity currencies by patriarchal relations affected by the formation of a specific civil subject, customary law or by the same conditions enjoyed by others before the purchase of a particular property. Ancient China is a typical agricultural society, land is the most important means of production, land ownership is that people finally won, and the most cherished rights. Preemption is also attached to the land and the sale of houses Zhaiyuan circulation and the emergence of so called \Preemption is the long-standing habit of ancient China, and is required by state law, to become law. Until the late Qing period, there has been Preemption habits in society. From the \But whether it is clear the government's \, the impact on pre-emption problems mainly based on the civil case to determine. Daliyuan and Supreme Court precedent in the form of solution through the first right to buy the customary law and state law conflict, and to integrate. The thesis consists of introduction, body and conclusion of three parts. Which body part includes five chapters. The first chapter, the first right to buy overview. This chapter first describes the concept and types of pre-emptive rights, the so-called pre-emptive rights, referring to the Chinese legal system and commodity currencies by patriarchal relations affected by the formation of a specific law or by customary civil entities under the same conditions enjoyed by others to buy a particular property before rights. Preemption species divided into absolute Preemption (statutory pre-emptive rights) and the relative pre-emption (pre-emptive rights conventions). Second chapter also discusses Preemption background and social functions. Chinese ancient Preemption System generated profound economic, social and ideological reasons. First, the feudal mode of production to adapt to restrict industrial commercialization. Second patriarchal basis, maintaining a stable clan property. Third, by smallholder farming culture influence society, homebody, focusing on neighborhood harmony. In short preemption from initiation, stereotypes to the statutory, not only for the continued recognition of existing rights and safeguards and growing \Chapter II, Summary of the ancient pre-emptive rights. Chinese ancient property right of first refusal originated in the Tang, the Five Dynasties and the development of the Song, Yuan formation of the system, to the Ming and Qing then melt in the trading habits and Family Laws among. This chapter begins with the Song and Yuan period of pre-emption as a typical representative overview. Because in ancient China, real estate pre-emptive rights in the Song and Yuan dynasties institutionalized, so the Song, Yuan legal provision for this right was the most detailed. Next, a description of the Ming and Qing Dynasties preemption major melt in trading habits and Family Laws, and proceeds overview. The right to buy before the late Qing Dynasty, the folk customs recognized by national law, national law and civil habits of expression inherent harmony blend. Chapter III, modern preemption overview. Qing and Republican period to undertake the last chapter of modern pre-emptive rights for the detail. Early 20th century, China's civil and commercial habits survey showed that most of the places have the habit of pre-emptive rights and civil disputes concerning pre-emptive rights have occurred. \Rehe, Suiyuan other 15 provinces in more than 30 counties. Second, the Republic of preemption related cases to be investigated more than 20 months. Meanwhile, \Show the Qing Dynasty, the Republic of preemptive epidemic. This habit has been in the social life and the consciousness of people \But whether it is during the late Qing \I hold an attitude of denial is required, leading to the first question of the right to buy the main basis for the regulation of civil jurisprudence to determine. This gave rise to customary law and state law conflict. At this point the inherent law and national folk customs oscillation of the potential performance of the conflict, discord situation significantly. Chapter IV, the Republic of preemption case studies - to Daliyuan (Supreme Court) ruling as the center, observe the statute conflicts with customary law and integration. Neighborhoods respectively preemption, Ken households preemption, pawning right of pre-emption, the lessee the right to buy four different types of 15 selected to represent the typical case analysis, to observe the state statute conflicts with customary law and processing. Daliyuan (Supreme Court) on the pre-emptive rights are held Neighbour attitude of denial to 1913 Case No. 3 on the word as a typical representative for details, that \not developed with the local circulation of accessibility for public order interests to break hard and to the effectiveness of law. \good morals, recognize its binding force. Code of preemption rights, Daliyuan solution involving civil judgment habits gist also think dian-holder the right to buy the kind of stay, so civil legislation and judicial affirmed on both the left dian-holder the right to buy. Finally lessee preemption, Republic of China Dali institutes recognized \Only occurs before the implementation of the Civil Code, and the \By 15 cases observed phenomenon is one of the most intuitive and customary legal texts fracture and contradictions. Chapter V, the existing law on pre-emptive rights of customary law and traditional Chinese attitude to the existing legislation. Lessee of real property briefly pre-emptive right of first refusal, dian-holder pre-emption, the housing system reform and other pre-emptive right to buy three modern first. Last show in China has long been recognized right of first refusal has become an important trading habits in the modern market economy is still broad applicability, recognizing pre-emption is the inevitable result of history and reality.

Preemption System in Modern China Dynasty

Abstract

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