A Study On Value Balance Between Legislation And Judicature In Ancient China

"Basic necessities of life" is the inevitable part of everyone's life in society.Housing,from the initial creation of hieroglyphs to the evolution of the later,have the ability to resist the invasion of foreign storms,providing the rest of the stability of the connotation.Therefore,whether in the slavery stage,or in the development of the feudal social level,and then modern industrial society,until the modern society,housing is undoubtedly the most important property of the individual life of society.Housing transactions disputes with them have always been an important part of economic issues in the ancient and modern legislation and judicial system of china.Housing transactions dispute resolution properly,involving the stability of the people's livelihood and even social stability,especially the current real estate industry as an important part of the national economy.Civil housing transaction disputes frequently occur,but also a social hot topic.This paper studies the legislative system and judicial system of ancient China,from the perspective of housing transaction disputes,First analysis the relevant provisions from the legislative system and judicial practice,secondly from the ancient practice examples for comparison analysis,in addition to the legislative and judicial two different levels of difference comparison,finally summed up the ancient housing transactions legislative expression and judicial practice of dispute resolution on the problem of housing disputes from now.The main body of this paper is divided into the following parts:The first part is the introduction,including the theoretical significance and practical value of research,the status quo of research at home and abroad,the research ideas and methods of housing transactions.The second part is the change and connotation of housing transaction in ancient china.The author first defines the theoretical definition of housing,explores the definition of this article,and then expounds the specific classification of housing transactions,and then analyzes the historical causes of housing transaction disputes.The third part is about the legislation and value balance of housing transaction in ancient china.Through the elaboration of housing transactions subject,document and process specific,involving illegal behavior of ancient housing transactions and related legal sanctions,to explore China's ancient housing transactions in the legislative level of details.The fourth part is the value and balance of ancient Chinese housing transaction disputes.With the ancient example illustrates Chinese ancient housing transaction disputes,summed up the whole divided into contract documents,custom mediation,clan autonomy,feudalism and other categories of cases.Through the comparison and analysis of the actual judicial cases of the real estate transactions in ancient China,based on the actual case analysis,the ancient Chinese judicial officials uphold a variety of judicial ideas.On the basis of the legal provisions,the judicial officer should mediate interest litigation according to the diversified judicial concepts such as contract,justice,forgiveness,reason and so on,and properly handle the cases of housing disputes.The fifth part is the legal value analysis of the legislative system and judicial practice of housing transaction disputes in contemporary china.The legislative level of housing transactions in the registration and change of ownership to the registration,alteration,and judge the actual processing difficulties faced the reality of the problem,the ancient judicial handling of such cases to judge the current legal reference value.