A Study On The Sale-Memorandums In Qing Dynasty

In order to have a comprehensive study on traditional China civil law, it is necessary to have a research on the abundant ancient memorandums as basic object.It was a all-pervading bargaining style to make written contact on important property in traditional society,remained plenty of memorandums,so that it is possible for us to explore the contact system and make a elementary explanation on the cause of economy,society and culture hidden behind the memorandums from a mul-visual angle for they were connected with the interest of the country complicatedly.The thesis tries to make not only a static study but also a dynamic one,subjecting the memorandums to the statute,fulfillment and folk custom.Based on the meticulous description of the bargaining contact system,the thesis makes an analysis on it from a nomological,sociological and cultural view. Additionally,the thesis concludes the features of the ancient memorandums during the full-blown phase on the basis of analysis and comparison.The main content of the thesis was divided four primary parts according to the categories of the object in the bargaining,namely land-house memorandum,bond-servant memorandum,livestock memorandum and other property memorandum,besides the instruction and the conclusion.The part on land-house contact is the most important one in the thesis for it was the focus in the statute as one most valuable contact, provided most abundant historical materials for us to utilize.There are two chapters on the land-house contact for the chapter's length of this part.The practice of the contact in society lagged behind the statute which had great revision since the law was revised a lot in the end of the Qing Dynasty.So there is a succinct investigation on the bargaining contact in that backgrounds above mentioned in the last chapter.The present study situation of the contact in Qing Dynasty is mainly introduced in the instruction,also including the meaning of the research on the topic,the method during the study and the explanation of the important concept,beside the material used.The first chapter briefly describes the historical development of the ancient China bargaining contact and draws the dominated characteristics, classifying the bargaining contact according to the social situation of Qing Dynasty.So that the necessary explanation and indispensable grounds are offered to the exploration of all sorts of bargaining contacts and the conclusion of the features based on the comparison.The second and the third chapter are focus on the land-house bargaining contact in Qing Dynasty,the dominate part of the whole thesis, comprised of four segments which dissertated and analyzed according to the procedure.After outlining the regulation to the bargaining contact in the statute in the Qing Dynasty firstly,the thesis points out that it is both rigorous and unrealistic and it also caused the cost of the bargaining to ascend because the regulations were almost absolutely oriented to the country's interest.Regarded as one perspective view,the thesis makes an overall description on the land-house contact in the practice.An analysis and interpretation is made from the procedure to the style and content of the memorandums on land-house bargain,in which many factors are thought of,such as the statute,the judicatory practice,the macroscopical and microcosmic scene of the land-house deal in rural society.At the same time,the thesis demonstrates that people's pursuit of convenience,security and low cost during the deal was a critical factor which had great influence throughout the land-house deal.During the course,the effect and the significance following of the Red Memorandums and White Memorandums, an important issue,is discussed through the research on the judicatory cases and contrast with each other.The third and the fourth segments,in some sense,are compensatory to the main content on the land-house deal. For the phenomenon,One Land Two Owners,who had the Skin of the land and the Bone of the land respectively,existed extensively in Qing Dynasty, it is necessary fix eyes on it.The third one specially is concentrated on the bargain of the Skin of the land.Based on the contrast with the ordinary land deal,the author interprets the people's notion to the property through finding out the differences with the common land bargain and the explanation on them.The fourth one attempts to have a meticulous discussion on the attribute of the Live-sale in-depth theoretically.The thesis pointes out that the Live-sale's attribute is rather closer to the sale than to the pawn and the both have some bitter difference in essence through a subtle comparison the memorandums labeled as selling and those labeled as pawning.The fourth chapter's content is concentrated on the memorandums of bond-servants.The thesis explores the characteristics of the concept and the style in bond-servants in Qing Dynasty.It is demonstrated that the people putted special great emphasis on the sellers' responsibility of hypothecating in order to secure the safety as possible as they could in the deal,since there were severe measure to the unlawful deal of persons in the country's statute.Meanwhile influence from Chinese notion of Face reflected a bit,to some extent,on the style of the bond-servants memorandums on which the objects were the offspring.There was nothing about the style and the content on livestock memorandums but necessity in the statute in Qing Dynasty.The mature style of land-house memorandums since Ming and Qing Dynasty had extended to the livestock memorandums in the practice of the deal in the society in Qing Dynasty,while the procedure during the course was much simpler than that during the land-house sale.The fifth chapter makes a brief investigation on the issue as mentioned.The sixth chapter's primary content is on the rest property memorandums except for those mentioned above.It was almost entirely free in this field,except that the categories as objects were restricted necessarily of this kind deal in the statute in Qing Dynasty.In practice, making a written form contact or not was related with plenty of factors, such as the value of the object,the duration of the deal,the degree of the social development of economy and culture in a specific area,besides the ethical and religious customs.The sixth chapter makes a concise explanation on the issue.The seventh chapter analyzes the sale contact briefly while the law was revised in the end of Qing Dynasty.The legal concept and system were completely introduced into the Draft of Civil Code of Qing Dynasty in that time,the content of contact being a core component certainly.The influence of the law revolution had not taken place from written form contact and the order of bargaining because it did not keep pace with the reality in that time.On the entirely demonstration about the overall investigation,the thesis concludes the characteristic of the statute on the bargain and its influence on the practice of contact in the society,at the same time points out the relationship between each other from a dynamic view.And from a static angle,the traits of the memorandums were induced in the conclusion too.