An Empirical Study Of Real Estate Ownership Cases Of The Supreme Court In Early Republic Of China

In the early years of the Republic of China, the society was in turbulence and warlords dividing and fighting against each other and Governments were changed frequently. The Congress as the legislature was unsustainable. In the absence of written code, Daliyuan assumed the functions of "legislation". This not only promoted Chinese rule of law, but also solved many civil conflicts and made the society stable. In the turbulent society, people were too busy to care about politics and they cared more about how to settle down. Real estates, as the basics of people's living, were their most important assets. Therefore, the disputes about the ownership of real estate increased accordingly. In the absence of written code, Daliyuan combined different sources of law and solved the conflicts and disputes about real estate ownership. The subject of this thesis is Daliyuan cases which are about the ownership of real estate. The article is divided into three parts to explore how early Republican judicial handled legal issues related to ownership of real estate.The first part introduces the basic information of the early Republican Daliyuan. First, I will introduce the establishment of the Early Republic Daliyuan briefly and expound the relationship between the late Qing Dynasty and Early Republic Daliyuan. Then, I will introduce the power of Daliyuan and the basic structure of Daliyuan jurisprudence.In the second part, I will mainly introduce the jurisprudence on real property ownership about Daliyuan. First, I will summarize legal issues about ownership of real estate through the classification of jurisprudence Then, I will summarize the methods about how Daliyuan solved legal issues about ownership of real estate.The third part is a summary of the main trial basis about Daliyuan jurisprudence and the evaluation about them. This section will first analyze the main trial basis about Current Law Civil Effective Part, Customs and Orderliness. Then, I will summarize the order of Daliyuan trial quote the trial basis and analyze of the reasons for the order. Finally, I will evaluate the Daliyuan trial from the positive and negative aspects, and expound the advantages and disadvantages about it.