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Qing Dynasty The Yata Main Land Ownership Relationship

Posted on:2012-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:F YangFull Text:PDF
GTID:2216330344950182Subject:Legal history
Abstract/Summary:PDF Full Text Request
" One land with two masters" meant the one land existed or separated into two parts--the right of surface land and that of under land, The same land belonged to two masters at the same time. So the masters could deal with the surface land and under land independently at random or without any limitation. "One land with two masters" might come into being from Ming Dynasty, and prevailed in Qing Dynasty. It evaluated from "land-leasing forever". Its legal nexus was established at the base of folk customs, which formed the people's views of fortunes, of leasing or renting there and then. " One land with two masters" included two kinds of basic legal nexus. One legal nexus of dealing with the surface land and the other is that of dealing with under land. The Code of Qing Dynasty took measurement to solve the land problems or land dissensions by indirect regulations and local rules. Those indirect regulations and local rules guaranteed the government tax revenue and avoided the land dissensions. The direct reasons of land dissensions included mainly four categories:A) expiate B) subside. C) arrears of rent. D) cancel a tenancy. And the land dissensions reflects the main issues A) An official compromise to folk's customs B) The less renters attachment to landlords. C) Changes of folk's property views.
Keywords/Search Tags:"One land with two masters", Surface land, Under land, Sell for a short time, Sale for ever
PDF Full Text Request
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