A New Probe Into The Rent Contract In The Sui, Tang, And Five Dynasties

The Sui Tang and Five Dynasties civil exchanges, artifacts, Tian She and other private property conveyancing increased, forming a unique Oriental early contract system practice system.The contract relationship is known as the cornerstone of civil legal relationship, in the process of the grass-roots civil exchanges in the "heavy contract agreement" is an important element of the framework of social value, so the study of Chinese ancient contract practice has important social value.This paper explores the Sui Tang and Five Dynasties tenancy contracts from several aspects, in order to outline the basic framework of the traditional Chinese contract:First discusses the origin and summary of the traditional China tenancy contract practices, since the week Gongding Ding ritual, Chinese opened moral ethics society, and the contractual relationship between the earliest is also produced in this period. Then after the Han Dynasty, contractual practice has been fully developed, and the study of Sui Tang and Five Dynasties period of the tenancy contract, can Ming Xiaoqi behind the inheritance vein, integrity and comprehensive in order to achieve the research conclusion of this article;The second is the Tang Dynasty and the Five Dynasties tenancy contract elements analyzed, followed by in-depth analysis of hierarchical content from the contract subject, object, property distribution, law basis and other terms of format;Once again, the Sui Tang and Five Dynasties tenancy contract dispute settlement mechanism, restricted by the traditional ethical culture, Tang and Five Dynasties period of the tenancy contract will show a lack of coercive power in the form of contract execution, this section of the article will be combined with some of the tenancy contract dispute case, through the analysis in the maintenance of autonomy of contract and contract spirit the degree of liberalization of the dispute settlement mechanism, application of the principle of evidence and the final verdict, has its own specific contractual practice, and has the localization of traditional Chinese.