Study Of Ancient Chinese Mortgage System

Mortgage right is a unique system of real estate property with a long history. According to the historical records, mortgage right rooted in Tang Dynasty. With civil widely spread it developed lots of certain inherent habits. After transmission and development of Tang, Song, Yuan, Ming and Qing dynasty, the system of mortgage right became very complete. But Mortgage right did not break the level of customary law until the period of GuoMin Party. During that period, the perfect mortgage right system was officially formed as a law. After 1949, the central government ordered the abolition of the Six Laws book of GuoMin Party. Therefore, mortgage right system is also known as the customary law in the mainland.The paper illustrates the environment of development of mortgage right thought historical conditions of the growth of mortgage right in Tang dynasty. According to the researching of mortgage right system of the period of Tang, Song, Yuan, Ming, the paper manages the different characteristics appealed by the development of mortgage right system.Mortgage right was from the Tang dynasty. During that time, the land equalization policy prohibited the sale of national land. Private land can be sold to a certain extent. This rule provides conditions for the appearance of Mortgage right. The people can get money by mortgaging and sale real estate. The landowners and the bureaucratic can reach the purposes of possession and annexing the land by mortgage. The people in Tang dynasty took Confucian method into hearts. People took the ways of mortgage right to obtained property in order to avoid being unfilial by sale of domestic property. Mortgage right has a significant headway in Song dynasty. The Song dynasty allowed the sale of land. The changes of opinions of focusing on justice and neglecting profits made an improvement of status of businessmen, which accelerate commercial development Mortgage right as a channel meets the financing requirements of different people. Thus, the law enacted stringent procedures of Mortgage in Song dynasty. It defined primarily the differences between mortgage and selling and the differences between mortgage and mortgage right, which makes the solid foundation of developments of the next mortgage right. The mortgage right in Yuan dynasty inherited the right in Song dynasty. But its contribution is that the law of Yuan dynasty made the whole of...