On The Ancient Real Right System Of China And Its Ethical Foundation

The Chinese modern real right system is on the basis of the achievement of the mainland legal system, which constructs in the marketing economy impact. It not only shut off the relation of the ancient ethics real right system of China basically, and also means that it is lack of the support of the social ethics. So the faith of law is weakened greatly. Speaking of the real law, we should on the basis of the traditional ethics and clear off the ethics vein of the traditional ethical real right system of China, when we absorb and profit from the western modern real law. Only in the way, can we seek the ethical essence of the traditional ethics real right system and provide the construction of our modern real law with the indispensable cultural support.For this reason, the paper takes the Chinese traditional ethics as the academic angle of view, which carried on the systematic explanation and the analysis to the ancient real right system of China. After that, the essential factors of the ethics are refined which is benefit for our modernization of real law possibly. This whole paper is divided into four chapters and more than 40,000 characters.Chapter one is the brief introduction of the ancient real right system and its characteristics of China and of the content of our ancient civil law. There was not the form civil law in our ancient society, but the substantive civil law exists. The Chinese ancient real right system focuses on the land ownership system, and takes the national interest as the standard, and has the strong ethics color of the clan law.Chapter two is the introduction of the types of our ancient real right system, which are analyzed from the angle of our traditional ethics. For example, according to our ancient legal rule, there was no reward if someone got back the other's lost things and discovered the other's buried things. It based on the heavy righteousness light advantage spirit of our traditional economical ethics. To affirm the right of lease in perpetuity and to approve the recognition of a field master, because the ancient government considered the national interest mainly. Many concrete legal rules of the easement and the neighboring right reflect the ethics directly. The establishment of dian was as a result of filial piety and good name of the Chinese. The existence of the preemption was as a result of its ethics, social, and economical reasons. The preemption of the relatives and neighbors is also one of our tradition of patriarchal systems.Chapter three is the analysis of the alteration of the ancient real right from the perspective of Chinese traditional ethics and chooses the principle of publication and bona fide acquisition to carry on the discussion. It shows that the ancient real right of China is influenced by the political ethics of the social standard and the ethics of clan and family, and so on.On the above foundation, the last chapter refined some essential factors in the Chinese traditional ethics which will be helpful to the modernization of the real right, such as the principle of the social selfish departmentalism, the relative ethics, the good custom, and the traditional ecological ethics of China.