Law Effect In Putting Into Practice In Land System Of The Tang Dynasty

Land, which is considered as the essential economic resource, played important roles in human's history. Production relations which are formed by land are society's basic relations. This article studies on land system of The Tang Dynasty, and expounded that law effect in putting into practice in land system of the Tang Dynasty.In the initial age of Tang Dynasty, facing the hard economic situation brought about by Peasant War in the last years of Sui Dynasty, the ruler designed meticulously the land equalization system. From this, common people can gain the most fundamental survival guarantee. By studying on the Tang Dynasty census register of Dunhuang and Turpan, I think the land equalization system was put into practice in the initial age of Tang Dynasty. Because of lack of land and annexation of land, land equalization system didn't come true completely in practice. Land equalization system was abolished after An Shi Rebellion although the Tang Dynasty ruler had designed that comparatively perfect system comes to protect land proprietary right. This protection system has three aspects. First, protect land under land equalization system from being infringed upon strictly. Second, protect land property right by superintending and penalizing government officials. Third, protect land adding an addendum.This article's coments about land flows mainly focus on land business, land renting and so on. For ensuring the land equalization system being put into effect , the Tang law made several restrictions to land business such as land business must be legal procedure. Law had also stipulated but a lot of exception conditions, promoting the business developing. The land business contract data indicates popular contract content is same with Tang restrains to stipulate. The Tang law had got an implementation completely in line, in practice. There aren't clear rules about land leasing, but it is permitted in Tang Lu Shu Yi. The land leasing form is mostly that the peasant rents country nationalized land in practice and in Tang earlier age. The phenomenon of renting land between personal is more and more after An Shi Rebellion. Renting contract shows that the regulation about renting interest, family property mortgage and so on is very complete. In spite of demand of land-owner to field-renting people , it is the equal economic relation between us. The government strictly forbids family property mortgage, however the private farmland makes free from restricting before An Shi Rebellion. Family property mortgage is permitted by government after An Shi Rebellion. Although family property mortgage is forbidden most time, it remains popular in practice despite repeated orders to ban it. Because the Tang Dynasty law deals with different people in different ways, it makes rich people more rich and poor people more poor.Generally speaking, because land equalization system has got the fairly good implementation in the initial age of Tang Dynasty, it makes the Tang Dynasty economy get prompt recovering. With annexation of land, the bureaucrat landlords are the most profit persons. With recession of the Tang Dynasty economy, land equalization system is abolished after An Shi Rebellion. Law has no effect on restriction with annexation of land. In my opinion, reason is that land private develops very fast. Land private should be replaced by public land ownership after experiousing the development process. Annexation of land is destined in Feudalist Society. It is the class contradictions outcome. This is the reason for land equalization system cann't be put into practice. Law is the system's outcome, but it is restricted by many aspects. Because of rulers'limitation, it makes rulers break law. This is also the reason for law cann't be carried out completely.