Research On Zhe Pawn-contract Of Huizhou In The Qing Dynasty

In the Qing Dynasty,Huizhou boasted picturesque scenery,outstanding people and bright Huizhou culture.With the rise of Huizhou culture in the last century,a large number of contract documents documenting Huizhou culture were reproduced in the world,revealing the dusty veil of Huizhou society.Huizhou contract represents the combination of law and emotion,the combination of law and principle,meanwhile,it is also a true portrayal of social economy and culture in Huizhou area in Qing Dynasty.Among many Pawn-contract contract documents of Huizhou,this paper selects the Pawn-contract of Huizhou area in Qing Dynasty as the research object,and studies and analyzes the regulation of the Pawn-contract system and the custom of folk practice from the aspect of national legislation,clarifies the rights andobligations of many Pawn-contract participants,so as to further explore the impact of the Qing Dynasty Huizhou Pawn-contract and its enlightening significance of the current legislation.Starting from the origin of "Pawn",this paper examines the legislative provisions of the "Pawn-contract" at the national level in successive dynasties,thus extending it to the Qing Dynasty,which is studied in this paper.Since the MingDynasty,the establishment of Pawn-contract has became the first step of the transaction.Therefore,at the national level in the Qing Dynasty,legislation was carried out around the Pawn-contract.On issues related to subject qualification of the Pawn-contract,the rulers of the Qing Dynasty made clear restrictions on the privileged classes,such as flag people,officials,etc,but did not impose restrictions on ordinary people,giving people a great deal of freedom.On the most important issue of foreclosure of Pawn-contract,the Qing state legislation continuously combined with the reality of folk transaction,and constantly adjusted the period of foreclosure,and identify that foreclosure is the most important right in the transaction of Pawn-contract,so as to strictly distinguish between Pawn-contract and sale,Pawn-contract and impawn.At the same time,the lax policy of the state on the contract also affects the form of Pawn-contract.With the constant reduction of contract tax of Pawn-contract,the red Pawn-contract,which was officially established as the standard deed,was gradually replaced by the folk white deed,and the effectiveness of the white deed was gradually recognized by the official.On the basis of understanding the norms of the National Law on the Pawn-contract,this paper turns the vision to the ancient Pawn-contract documents of Huizhou area in Qing Dynasty.First of all,it identifies the most important participants in the Huizhou deed are pawner,pawnee and intermediary.As far as social relations are concerned,the pawner,pawnee of Huizhou Pawn-contract in Qing Dynasty are mostly their relatives and rural neighbors,which indicates that the transactions in Huizhou area in Qing Dynasty occurred in the familiar internal environment,so they are more easily influenced by folk habits.The intermediary is active in the process of making the deed,playing a series of roles,such as checking,bringing two parties together,proving and so on,thus promoting the smooth establishment and implementation of the Pawn-contract.At the same time,because of the complexity of the folk canonical transaction,the types of vintage involved in the Pawn-contract also showed diversity.Besides the traditional fields,houses,there are a small number of personal Pawn-contract prohibited by the state.Then this paper probes deeply into the rights and obligations of the pawner,pawnee in Huizhou in the Qing Dynasty.The main rights of the pawner are to obtain the deed price,request price seeking right and foreclosure right.Among them,the right to obtain the deed price is the most basic right of the pawner.The right to ask for a deed price is based on the original Pawn-contract price.Since the Pawn-contract price is far below the value of the property itself,when the pawner is faced with economic difficulties,he may request the pawnee to increase the price on the original Pawn-contract price,and the state law generally stipulates that the price should be sought only once.Although there were many price seeking in Huizhou Pawn-contract of Qing Dynasty,it was still normal to seek prices once.Of course,the most important thing to pawner is the foreclosure right,the pawner regain full ownership of the property by foreclosure.Although the state regulations on the term of foreclosure are detailed,the no foreclosure time limit is often the norm in practice as far as Pawn-contract in Huizhou of Qing dynasty.In addition,although the ownership of the property is not complete during the Pawn-contract,the pawner can still dispose the property.The pawner also bears many obligations,such as transferring the property possessed,paying off the expenditure on the reconstruction and restoration of the property by pawner,and guaranteeing flawless obligation of security of the deed property.On the contrary,the main obligation of pawnee is to pay the price,but his main rights are not to be ignored.Pawnee have the right to possess,use the proceeds property,but also can transfer the right of pawn,and enjoy a certain degree of preemption right and the right to seek responsibility for defective property from pawner.Of course,Huizhou deed of Qing Dynasty has its own characteristics in addition to the articles in accordance with the state law.First of all,the basic form of Huizhou deed in Qing Dynasty is "single deed",but its name is complicated,the specific research still needs to go deep into the content of the deed.Secondly,as a result of the economic development of Huizhou in the Qing Dynasty,the status of women gradually rose.Although there were still many restrictions sometimes,they gradually became one of the participants in the Pawn-contract,so as to play unique role in the Pawn-contract as pawner,pawnee,main confederacy and intermediary.Furthermore,Huizhou society in Qing Dynasty was a typical clan society,and clan organizations also participated in the Pawn-contract trade extensively,playing the function of maintaining no outflow of ethnic property by making Pawn-contract contract.Last but not least,as a special crowd of Huizhou Pawn-contract in Qing Dynasty,the main confederacy play the function of family property supervisor with their superior power,leaving great influence in the Huizhou Pawn-contract in Qing Dynasty.At the end of this paper,the Huizhou Pawn-contract of the Qing Dynasty is evaluated,which clarifies the ancient Chinese ancient law culture inherited by the Huizhou Pawn-contract and the interaction between folk custom and state law,as well as its limitation at the same time.