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Research Of Laws Of Property Recorded On Qin And Han Bamboo Books

Posted on:2006-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:D M LiFull Text:PDF
GTID:2155360152986406Subject:History of Ancient China
Abstract/Summary:PDF Full Text Request
Based on the well-known document , discovered bamboo books inside tombs or otherunderground caves like tombs and the research achievements made by now , the thesis dealswith "laws of property" of the Qin and Han Periods in all aspects. And it analyzes thedisciplines of laws in relation to property of that periods , which also deeply probes into theoutstanding characteristic of the periods and its father effects on the periods that followed it . The following problems will be probed into in the thesis . Firstly , through the definitionof property in old and modern times , the concrete scopes the property of the Qin and Hanperiods is to be found out , which are objects of some real forms and shapes existing in theworld that should be worth a certain amount of money , and which is also called "commodityand property" in general terms , and so on . The thesis also shows us a brief introduction onthe standardization of property and its intension of the Qin and Han Periods . As a matter offact , there was no property laws with contemporary sense . In that periods , no more thansome concrete standard about the property . Secondly , it also deals with the relationship between property and its ownership , mainlyabout ownership , more with , problems of the ownership of land . It is believed that althoughthere was private ownership in the Qin and Han Periods , yet it was still in a very unsteadystates , and it can be taken away by the power of states . Therefore , it is well accepted that inthe feudal society , there was no whole private property at all . Thirdly , the thesis deals with the shift of private ownership , that is , the relationship ofcreditor's rights . Through the elaboration of the reasons , types , surety of debts , and theprocess of its dying out , we've found the relationship between debts and rights greatlydeveloped . Meanwhile the property inheritance is more elaborated in the process of the shiftof property inheritance could be done through hereditary ,yet at the same time , comparedwith contemporary property inheritance , it was almost the same , as it is in modern times . At last , the thesis more mainly deals with the outstanding characteristic of property lawsof the Qin and Han Periods , that is , the relationship of creditor's right developed from that ofobject ownership , law system was still in the stage in which civil law and criminal law weremixed together . All punishment was done mainly according to discipline of . Though thereexisted independent men and their private ownership , it couldn't be well developed . Theconcrete laws disciplines of property of the Qin and Han Periods had a great revelation on itsconstant development and perfect ness.
Keywords/Search Tags:property, ownership, creditor's rights, property inheritance
PDF Full Text Request
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