On The Protection Of Right On Transacting Land In Song Dynasty

China ancient society builds the country's law based on the public power, maintain the social order according to right and level. Administrative strength is Prominent. Public power permeates every field of the private life and block the civilian right's expression . However, when the traditional law develop in the Song Dynasty, law's social value function changes obviously. It makes Song Dynasty's ancient law development a milestone. In the civilian law, this changes adjust and protect the civilian interests. Estate trade in Song Dynasty is frequent very much. Under the people's continues practice and government's active Norms, estate trade is Institutionalized step by step, and forms the estate trade's institution which place high influence on the future. Song Dynasty's civilian right protection's forms are found easily in Song Dynasty. From the law history, the paper state the Song Dynasty trade legislative and civilian right protection in the estate trade by analyzing the recorded case of the collection of judgements made by feudal bureaucracies in partically in Song Dynasty. When the paper discusses the civilian right's protection, it will seek methodology's creativity. The paper state from the litigant of the property and quote some cases to express during adjustment in order to reflect the obeyed condition of the law norms in the real life, also makes the paper more convincing .The paper consists of 3 parts: Introduction, main body and Thanks. The main body includes 3 parts.First part: Song Dynasty's estate trade is frequent and civilian legislative increase. The prevalence of Song Dynasty's estate trade, which makes property in the estate trade different from other previous, is beyond the any other time. The active estate trade in Song Dynasty brings about many disputes so that Legislators influence, concern and adjust them. The law in the Song Dynasty consummates continuously.The second part: civilian property's protection of the estate trade in the Song Dynasty. Estate trade phenomenon in the song dynasty stimulates civilian rule's development, especially property protection about estate trade has some era feature. Any thing and any phenomenon of the value for the person are also secured. Estate, always enfluented, is paid pay attention too. Therefore, trade safety is the most important problem. Adapting to this phenomenon, Song Dynasty legislates the law about how to protect estate trade's safety, which is reflected in protecting the estate trade property. From common norms of the property protection and real civilian protection, that part analyzes the estate property protection. Property protection's common norms include two parts: protect the property by limiting the building of the trade contract; protect the property by publicity rule. Estate trade involves every parties of trade. In the real civilian property protection norm, property protection of the estate trade is reflected in protection for all persons, for trade relative person and for good intention third person.The third part: Limitations of the property protection in the Song Dynasty trade. Song Dynasty lies in revolution period in the Chinese traditional society. New changes of the economic base and higher architecture pushes the development of the estate trade. Law rule of the estate trade is a little perfect, at the same time estate trade property protection are developing very much. From the whole view, although Song Dynasty's estate system had changed a little, yet it did not detach the traditional agricultural production type and production unit was based on the blood relationship. Natural economy played the leading role in the economic life. The Song Dynasty are influenced by father right and clan power in the feudal law, which emphasized individual right obeying nation interest and represented family and family arrangement, a preferential right of neighboring and so on. Fixed culture's vitality and strong inertia etc determine on estate trade property protection can not be beyond heavy historic culture tradition and social life reality .Song Dynasty lies on the transmission period in the traditional, estate trade's flourishing also is limited in the small range to push civilian law content increasing, but it did not offer the content to real conscious connotation. So it did not bring about the drastic development and revolution in civilian law. Therefore there are some limitations of the protection about estate trade in the Song Dynasty. It is not impossible to free itself from ancient feudal law's shackles.