The Analysis Of Nan Song Dynasty System Of Property Inheritance

The succession of property came into being with the birth of private ownership. Lienin said:"The inheritance system takes the private ownership as its premise."The system of inherit property means that the heirs obtain the property of heirs and transfer the ownership of property in legal circumstances. Succession legislation is an important part of the legal system in ancient .It had stipulated before Qin dynasty and had been more developed in the Tang dynasty. Compared with the previous generation ,the social politics and the economy changed remarkably .The changes effected the system of inherit property in Nan Song dynasty. Song dynasty is in a historical transition time, especially the Nan Song dynasty is a collection of various contradictions .The dynasties before Nan Song dynasty takes zong tiao inheritance as its premise ,and takes the inheritance into account .As a result of social the development of economy and the enhancement of private ownership mentality, inheritance law developed inevitably in order to protect the divertion of private ownership. In order to meet new requirements in the new situation, on the basis of inheriting Tang Dynasty's inheritance law ,Nan Song dynasty developed some new inheritance law. Its strict and complete degree has gone far beyond the Tang dynasty .In ancient China ,the development of the succession system in Nan Song dynasty has its own distinct characteristics, has an irreplaceable position in China's legal history.My thesis will analyze the above topics with five parts. The first part outlined the property inheritance before Nan Song Dynasty. The second part introduced different kinds of property inherits . The third part elaborated the scope of the property heir. The fourth part analyzed the essential feature of the property inherits. The last part evaluated the positive role and the historical limitation of the property inheritance.Throughout Nan Song dynasty inheritance system, effected by the thoughts that justice is as impotant as rights, the society is developed. We could know that if the economy changed, the society need a new system of law adapted to the economical developement. As a result, we can not neglect the influence of legal awareness and make the legal awareness go well in the future. Nowadays, China is in a social fierce transformation time once again, We should carry on the reform of legal tradition, seize the opportunity and actively contribute to China's transition to the rule of law.