Research Of The Land Capitalization In Zigong Well Salt Contracts

Zigong Well Salt Contracts files have an important position in the history of chinacontract. The time span of it is more than250years. The contracts which have been in theworld are up to more than30000volumes. Those contracts make a comprehensive recordabout the situation of Zigong`s well salt production and have an extreme intension. Studies athome mainly concentrate on the production situation of well salt as well as the prosperityhistory of salt businessmen and the business model of well salt. However, studies on the landcapitalization phenomena in well salt production reflect in Zigong well salt contracts are few.The writer will analyze some typical contacts extracting from Zigong Well Salt Contracts andproclaim the operational system of the Land Capitalization on purpose of offering somesuggestions to the reformation of the land capitalization of china`s country.The article has four departments except the preface and conclusion:The first part is the induction about the Land Capitalization in Zigong Well SaltContracts. Firstly, the article invests the historical origin of Zigong Well Salt Contracts, anddraws a conclusion that it has been occurred at least in the period of Song Dynasty. Secondly,the article divides the Zigong Well Salt Contracts into four categories according to the contentof contracts which contain the contract about cutting salt well, the contract regarding to thelease the salt well and the top of the well salt`production, the contract regarding totransaction the salt well and the top of the well salt`production, other contract type containingthe contracts of loan. Thirdly, the article divides the operational system of the LandCapitalization in Zigong Well Salt Contracts into four categories based following as the leaseof land, pooling of land as shares, security of land, transaction of land.The second part is the analysis of the intent of the land capitalization in Zigong Well SaltContracts. This part summaries the intent of the contracts, containing four paths of landcapitalization as the lease of land, pooling of land as shares, security of land, transaction ofland, according to the typical species of Zigong well salt contracts.The third part is the researching of the legal relationship of the Land CapitalizationPhenomenon in Zigong Well Salt Contracts. Firstly, the article researches the legalrelationship of the contracts about the lease of land. In this part, the article primarily study thelegal relationship of the rights and the obligations of the subjects that contain the owners ofland and the investors of salt well of this type contacts and the rights, and analyzes the middleman’s legal status. Secondly, the article researches the legal relationship of thecontracts of pooling of land as shares and studies the legal relationship of the rights and theobligations of the subjects that contain the owners of land, the investors of salt well as well asthe chief contactor of this type contacts. Thirdly, the article researches the legal relationship ofthe contracts about the security of land and considers that this type of the security of land hasno essential difference from the security of land of modern society. Finally, the articleresearches the legal relationship of the contracts about the contracts of transaction of land.The fourth part is the inspiration of the operation system of the land capitalization inZigong Well Salt Contracts to the reformation of the land capitalization of china`s country.Firstly, the author preliminary definite the right direction of the reformation of the landcapitalization of china`s country and think the point of reformation of the land capitalizationof china`s country land exists in the right of using the country’s land. Secondly, the authoranalyses the difficulty of the reformation of the land capitalization of china`s country. Thispart consider there are five difficulty as following: the indistinct of the subject of the propertyright of china country’s land, conservation of the status of the law which regulate the poolingof country’s land as shares, the restrain of the guarantee function of country’s land, theimperfect of the intermediary system, the lack of the corresponding the anti-risk system.Thirdly, the author researches the inspiration of the operation system of the land capitalizationin Zigong Well Salt Contracts to the reformation of the land capitalization of china`s country.There are five points of the inspiration as following: constructing the clearly property rightsystem of country’s land, perfecting the system of pooling of country’s land as shares,propelling the reformation of the mortgage of the country’s land, consummating theintermediary system, perfecting the anti-risk system.