The Development And Influence Of The Civil Legal System Of The Five Dynasties

Based on the Sui and Tang ,Five Dynasty's legislators had reference for civil society at that time which the specific circumstances of complex disputes,has developed aseries of laws and regulation to adjust the various civilactivities,especially for the ownership of the acquisition,Pawn,Contract,Inheritance and other Civil activities.The purpose of this paper is the civil legal ystem by studying the changes in the Five Dynasties to explore the characteristics of the Five Dynasty's civil law system,and finally try to analyze its causes and of future generation of civil law system. The full text mainly by the introduction, body and conclusion of three parts, of which the text is divided into three parts to prove the point.Introduction,the first account of the historical background of the Five Dynasties,followed by introduction of the Five Dynasties and the status of civil law and inadequacies,and finally clear the author's reseach methods.The first part introduces the development of civil legal system in Five Dynasties.Compared from the civil legal system of Sui and Tang Dynasties,to study the developments from the civil subject,property rights system,credit system and the inheritance system.First,the civil subject development.Performance by the state with a large number of barren land,the mjority of farmers to flee because of war,agricultural production was greatly damaged.Second,the property rights system changes.Countries in order to restore agricultural production,applied a series of measure make the state-owned land to the majority of producers,so that the rapid development of private ownership of land.Attract displaced persons,as by reclamation,the membership reward to the hero of the land did not veterans.Details of the program from the provisions of Code of Sale can be seen selling the Five Dynasties Code will be improved. Third, development in credit system.Five Dynasties period Contract system has been considerable development, Contract type is very rich. Fourth, the inheritance system changes.Adopted son inherits in the Five Dynasties was widespread, and the dead connercial property inheritance have been developed on the basis of Sui and Tang Dynasties.The second part introduces the characteristics of the Civl legal system of Five Dynasties.First,the method for obtaining land ownership is more freedom,and inseparable from the development of private ownership of land.Second,real estate,selling a standardized system of Code.Five Dynasties period,in real terms of typical sales system gradually become the normand has a series of prohibition,such as non-overlapping fields and houses sold Code,stealing and selling non-home sector,the inferior is strictly prohibited without permission to sell the Real Estate Code,strictly limit the agency's.Third,the content and format of Contracts was maturing.Five Dynasties period,Although The Contracts's development of fast,but The state intervention in the Contract Act and the surge in the number of government and private contracts,which contrary to the principle of contractual autonomy and the development of the contract to a certain extent.Fourth,the inheritance systyem was futher improved.Adopted son can inherit the title,but must bear the same meaning of sublegal obligations,the other hand,the dead business's heir have expending.The third part introduces the causes and effects for the development of the civil legal system of the Five Dynasties . First, the reasons for the development of the civil legal system of the Five Dynasties, the main reasons are war-affected and development for the private ownership of land. Second, the influence of the civil legal systems of the Five Dynasties for the future. From the civil subject, property rights system, claims system and inherits the system to analyze the effects of the civil legal system for the future. Focuses on the influence of the legal system for Song Zhaomin Dynasty.The conclusion part introduces the obtain ownership of the civil legal system, property for sale, lease, inheritance and other characteristics and significance.