A Review Of Studies On Ancient Ownership Of Hou

This dissertation mainly illustrates the research achievements of Hou Wailu about the question of land ownership in Chinese history, including two aspects of social history and intellectual history.The first chapter introduces the historical background of Hou Wailu and his theory sources about Chinese ancient social ownership. Hou Wailu’s background of academic research is the modern China of crisis. The debate about Chinese social history in 1920’s and 1930’s, makes he begin to study the nature of Ancient Chinese society and its ownership. The theoretical perspective of Hou Wailu about ownership from Marx’s ownership theory. Karl Marx criticized and inherited the theory of ownership of Locke and Adam Smith and Hegel. He reset the concept of ownership from the perspective of production mode and social patterns. Karl Marx make us realize that the concept of ownership is not a pure logic category but a historical category. In the former capitalist era, personal attachments dominating the social interaction, the general principle of seting ownership is dominating Personality. In the era of capitalism, the pepoles are equal and freed as a result of democracy and rule of law, the general principles of seting ownership are equality and equivalence.On the two basic principles, the reason of judgment is that the owner being a complete and independent personality in the social relations. In the history there are two types of ownership:the type of equal ownership and the type of dominant ownership. The two types are determined by the political and economic structure. Whatever the type of ownership, the criterion of judgment about ownership is ndependent and complete personality of the owner in the social relations. On the basis of Karl Marx’s thought, this paper expounds the research methods of Hou Wailu about the mode of production, the codification of social, the combination of Social history and intellectual history, in order to explain Hou Wailu on the inheritance and development of marxist theory.The second chapter introduces the theory source of the asiatic mode of production, its academic problem and Hou Wailu’s theoretical solution to it. On these basis, we illustrate research results of Hou Wailu about the formation mechanism and structure and historical fate of the land ownership in ancient China, through the asiatic mode of production. China’s ancient society (the era of slavery) formed the aristocratic clan state ownership of land. Due to the bondage of biological basis, the aristocratic clan state ownership of land is very difficult to transform from the blood units to geographical unit during the Spring and Autumn Period. Political reform is filled with tragedy.The third chapter mainly introduces Hou Wailu’s research achievements about the construction of law in Chinese ancient society, in the perspective of citizen society and the ancient kings concept. His research achievements suggests the social and cultural roots of Dominant type character of the ancient Chinese legal authority, as well as the lacking of law on the feudal private land ownership. Then we discuss the national construction and legal construction of ancient Greece, to illustrate the regional equality of legal personality of the classical ancient Hou Wailu mentioned. Then we explore the socio-cultural differences between Ancient China and Ancient Greece social. It should be pointed out that this part of the introduction of the ancient Greek rational and natural law is echoed the theory on the ownership of Marx and the previous western thinkers. The view about the late spring of the citizenry and the ancient kings concept are echoed theconcept of the lacking of law on the feudal private land ownership.The fourth chapter mainly introduces the research achievements of Hou Wailu on Chinese feudal land ownership. In order to clear the misunderstanding of the way using codification,we mainly explains the theory of the legal ownership and judgment on ownership, on the basis of Hou Wailu’s theory of ownership in the first chapter.Then we introduced Hou Wailu’s theory of feudal land ownership and The formation of China’s feudal land state ownership,as well as its structure, internal contradictions and historical destiny.At last, this dissertation introduces the theoretical value of his research achievements aboutThe ancient Chinese society and feudal ownership of land for grasping the particularity of Chinese history,as well as the theoretical and practical significance about Constructing the modern ownership in our country.