On Historical Evolution Of Ownership

Depend on its inherent specialty, ownership plays a vital role in the history of civil law as well as the whole process of social development. Due to differences in specific conditions of social development and internal situation, ownership demonstrates distinct characters in different periods and nations. The thesis mainly discusses the historical process of ownership which lasts from the ancient Rome, medieval European society in 18th and 19th century to the modern society in 20th century in civil law system by the method of historical analysis. Through the analysis of the history of this period, relative conceptions and the features of the system, the thesis presents a complete series and details of ownership.The thesis consists of four parts, which demonstrates as follows:Part One: the ownership of the ancient Rome. As excellent achievements for laymen, the copper sheet law and the state of Roman law legislation neither made special provisions nor clear definition of the ownership of property. Therefore, when exploring the ownership system of this period, this paper is mainly based on the research of Roman jurists. At the beginning of this part, the author makes a description of the background of ownership. And then she analyzes conception of ownership in the republican government country. Finally, she elaborates the specific characters of ownership system of the whole ancient Rome. The rise of ownership of Roman society is the product of the struggles between the new private land ownership and the public ownership. In early roman society, the land belongs to tribes. After Romance city was established, the ownership of land is classified for sacrifice, public and private. Land for sacrifice belongs to God, public land belongs to the state or city, private land belongs to families. Individuals are not the subjects of rights in Roman. This ownership of private land is the beginning of land ship system. In ancient Roman, the ownership is expressed as mancipium, dominium and proprietas. Mancipium in the period of kingship, highlights the patriarchal family property sovereignty. During the period of the republic, dominium is considered explaining the conception of property ownership and demonstrates private rights which based on legal authorization. The appearance of dominium also means the completement of Roman law system. Proprietas is regarded as the origin of ownership. The ownership of the ancient Roman has five main features: first, the ownership is an abstract vies; Second, it emphasizes a right; Third, ownership is purely private individual rights, which has its significance of the dominion; fourth, it admits to ownership of division, namely the mutual system; fifth, it strictly distinguishes own and possess.Part Two: The ownership in medieval period plays an transient role during the whole process. At first, the author discusses the background of this period and makes a brief introduction of the specific characters of ownership system.By introducing the late medieval ownership transformation of modernization, this part makes an effective connection with the third part. In the Middle Ages, religious ideas play an important role in ownership system. In the early Christian, the view of private property is doomed evil, is the mark and the result of the original human sin, disparity, and corruption. According to this perspective, ownership is doomed to be obstacled. In the 13th century, the Roman church finally win the game which played with social society. The Roman church has a large number of secular property due to its absolute advantage and infinite authority. Then the early Christian conception of "private property is evil" becomes the obstacles of obtaining fortune by churches. Then the theory of Thomas Aquinas "private property is the product of nature and goodness " satisfies the need of churches. In the 16th century, the decline of church and the huge process of fortune caused of the conflicts produces the religious reform. Religious reform emphaizes individuals which is relative to the stress of rights of individuals. The main features of ownership of the medieval is as follows: first, the right of usage is specific; Second, it does not emphasize a multiple ownership rights, admiting the rationality; Third, it emphasizes the identity of the ownership; Fourth, it admits to ownership of qualitative; Fifth, not strictly distinguish own and possess. In late medieval churches, the abolition of feudal serfdom, the development of commodity economy and an increasing need for the ownership of private law, a variety of factors contribute to the further development of ownership. At this time, the emphasis of independence, freedom in Roman law concords with the development of economy. Therefore, the revival of the Roman law has become inevitable.Part Three: the ownership in modern society. In this part, the author firstly introduces the theory of modern social ownership--the individualism. Then she gives a detailed description of the specific characteristics of ownership in this period and emphasizes the two changes of the conception of ownership from the 20th century. Along with the transformation of modern late medieval, ownership ushered in the overall prosperity period of its history. The vigorous development of freedom of capitalism, the natural right of philosophy and the prevalence of individualism promote the prosperity of absolute ownership together. During this period, the main features of the ownership are: the sacredness and absoluteness, exclusiveness and sustainability. Sanctity includes three aspects: the equality of the subject qualification, the endless of content and the dual protection of possibility of ownership through substantive law and procedural law The author who own property refers to the property of free will has the highest power and the owner is given to the maximum vies. Exclusive ownership means the owner can use his rights without disturbing and obstruction. Sustainability refers to the ownership to permanent existence; the parties may contract for nature reserve the duration, mortgage to reserve their duration. At the beginning of the 20th century, the ideas of ownership made a dramatically change. On one hand, as the gradually decline of individualism and liberalism, absolutely unrestricted sense of ownership is facing challenge. Ownership gradually began to turn into the bosom of social benefit, emphasizing individual value as well as paying close attention to social value to realize the coordination and balance between them. On the other hand, ownership changes from simply emphasis the quality of belonging to the maximizing of utilization.Part four: ownership of China. For a long time, no matter what kind of legal system in China, it followed the continental law tradition, which is in accord with actual situation of our nation. The ownership of the relevant legislation pays attention to personal value and social value are integrated with consideration in order to make them a coordinated development. In addition, because of the differences in Taiwan district and mainland system, this part discusses mainland only. In this part, the author first gives a detailed introduction about the property ownership structure of China and then makes profound reflection the ownership structure defects existing shortcomings .Finally, the author gives the solutions of the problems above with the property of the new regulations. Because of the influence of civil legislation of former Soviet union, at early time of China civil legislation, ownership use "state ownership: citizen individual ownership" trinity structure. This kind of classification which gives national property priority, emphasizes the sacred status of state ownership, have some embarrassing problems: First, in the public ownership, whether internal or collective ownership of the property of the state, there is a problem in the absence of actual ownership rights subject. Second, to the state ownership of state-owned assets, the owners and managers are not in a consistent position which caused the inefficient use of property. Third, compared with national ownership and private ownership, collective ownership of the protection is very fragile."Real law" gives festive solutions of problems above during its process of establishing. What is most worth mentioning is the improvement of the conception of "private ownership". The words of "private" and "individual" cover all types of rights which are contrary to "public" ownership. Its replacement of former conception of "citizen individual ownership" and "individual ownership" is helpful for the unity of ownership conceptions. In addition, the property of private ownership consciously pays attention to the protection of private ownership which establishes the system to protect public property and equality of private property for the first time in our country. Despite of this, the "real law" is far from perfection. Private ownership is obviously different from states ownership in object scope, and safeguard measures, etc. In this perspective, the significance of declaration is greater than the actual meaning. Nonetheless, good beginning means half success. The promulgation of "real law" is the critical coroner stone for "civil law" in the future. We are looking forward to the more perfect and refined ownership system.