Research On The Preemptive Right System In Ancient China

Compared with the preemptive right after law modernization in china, the so-called preemptive right system in ancient China refers to such a right that is when the owner betrays his field, in accordance with statute law or common law, specific civil subject takes precedence over others to buy specific property under the same conditions. As part of the traditional civil norms, the preemptive right system in ancient China is long-standing. It is not only varied, rich but also perfect and characteristic. Such as unique traditional Relatives and Neighbors Preemptions and Pawning Rights which not only provide the right subject, sequence and conditions, but also provided the rights and obligations and the forms, the right restrictions. At the same time, these provisions can be adjusted to develop and perfect along with the economic development and social needs. Numerous preemptive rights are adapted to the situation in ancient China, they are helpful to maintain family interests and political rule, or focus on to adapt to economic development and social stability, or meet trading economy principle and reduce transaction disputes in China. They not only reflect the political system and social characteristics, but also meet the need of economic life, have certain rationality and necessity. Even in today when there are major changes in the social structure, some preemptive rights still as a legal system which is accord with trading habits and has considerable legal basis and unique value to survive and develop in our country, and also, play an important role in our statute law or common law.This paper consists of three parts, namely introduction, text and conclusion. The introduction presents the significance of the paper, research status and innovative points. Text as the body part, the first quarter briefly summarized the related conditions of the preemptive rights in ancient China, the concept and characteristic of the preemption, and also make a definition and divisional in the related concepts of priorities and preemptive rights. The second quarter do a detailed comb about the preemptive right in ancient China, with the standard of subject, it is divided into such distinctive preemptive right as Relatives and Neighbors, Pawnee, Tenant, the Owner, Communist Owners and Pre-buy Bond Creditors and so on. And in the paper it also involved in such questions as the historical evolution, right competition, right exercise methods, limit, etc. The third quarter takes the preemptive right in ancient China as an example, make a further analyses on the character and type of ownership of the system and the author think its essence is a priority of contracting claim. Finally it is conclusion. the preemptive right in ancient china has certain legal basis and system value at that time, and also the author puts forward that the key to judge a kind law is to see whether it accord with the contemporary social need, whether it can be helpful to the contemporary social economy in order to treat the traditional Chinese civil law standard and philosophy rationally and objectively.