On Land Pawning Right System In Qing Dynasty

The scope of this paper is the Qing Dynasty in the heyday of the development of the privilege.The research object is the land pledge system of the Qing Dynasty.The system of stipulations is a unique legal system in ancient China.It is determined by the specific cultural background of specific economic conditions.It matured in the Ming Dynasty and reached its peak in the Qing Dynasty and basically formed a relatively complete system of temperament.In addition to the "Law of the Qing Dynasty",the system of the stipulations of the Qing Dynasty also existed in a large number of articles such as regulations and household regulations.In the Qing Dynasty,as the most perfect period in the history of the system of authorship,the first time legally recognized the "code",the 18 th year of Qianlong also made a detailed distinction between the sale and the deed,not only that,but the Qing Dynasty A clear definition is also the first of all laws.The pawnshops of the Qing Dynasty were not always easy to trade.For example,the Eight Banners personnel can only buy land in the Shengjing 14 th City flag when buying and selling land.For example,civil servants are not allowed to buy and sell farmyards in their places.The redemption of the production is mostly based on ten years,but if it is the flag of the people,the redemption period is twenty years.Not only that,when the flag is in the code,the Ministry of Housing also stipulates another year of hesitation and hesitation,which does not exist in other cases of selling goods,which reflects the special characteristics of the banner in the Qing Dynasty.protection.In addition to Qitian,the Qing Dynasty also had special provisions on ethnic minority land,Putian,Suiyun Putian,Clantian,and Lama land.In addition,the deed of payment of the deed of the deed,the division of responsibility after the ceremony,etc.together constitute the system of procedural rights in the statute law of the Qing Dynasty.The pawn selling rules of the pawn selling rules that prevailed in the Qing Dynasty were also an important part of the system of the Qing Dynasty.First,the "Large Qing Law" stipulates that "the first question to ask the neighbors" is only to the extent that the land that has been "sold out" cannot be abused.At the same time,a large number of folk customs indicate that the Qing Dynasty "first asked the neighbors" There was no decline in the sale of the house.Second,although the central government of the Qing Dynasty recognized the free flow of private land,the local government was in the process of considering the taxation to ban the "one field and two masters",but the separate habits of "the bottom of the field" and "the field" were in the folk performance.A strong posture and a vigorous life.Third,although the law stipulates that the term is ten years,it can be known from the "Chinese Civil Habits Encyclopedia" that the landlord may or may not agree on the term.In addition,the private sector also has a number of flexible redemption methods such as “pre-return”,“partial redemption”,“phased redemption”,and other types of redemption prices such as “original price redemption”,“price increase and redemption” and “price redemption”.Selling habits,“finding prices many times”,“finding prices and adding periods”,etc.all reflect the flexibility of the redemption and price-seeking mechanism in folk customs.In the Qing dynasty,the disputes of the pleadings of the dynasty were formed by the mixed use of the types of the pledges,the disputes arising from the absence of the formalities of the pledges,and the disputes arising from the violation of the substantive content of the pledges.According to different standards,the land deeds can be divided into"red deeds"and"white deeds","official deeds"and"catch deeds",such as an effective case of deeds and pawns.,the time limit for redemption,the time of the deed,the drawing of the deed,the memorandum of the mediator,etc.are all indispensable factors.From the deeds,it can be seen that in the process of selling,the executor enjoys the right to obtain the price,find the sticker,redeem,and dispose of the classics.At the same time,the executor should give up the possession,use or income rights of the stipulated land,and bear the code.Property rights??guarantee obligations.The same rights holders have the right to use the pawn industry,buy and sell the pawn industry,transfer the pawn industry,withdraw the relationship between the pawn and sell,bear the payment of the price,accept the money and food,and respect the willingness of the presenter.The lack of different formal elements causes different risks of disputes,but the fact that there is a violation of the law in the substantive content can easily lead to disputes.There are three ways to resolve the disputes of the right to dispute:civil mediation,government mediation and government trial.The order of application of these three methods is in turn.In the late Qing Dynasty and the early Republic of China,the "Da Qing Civil Law Draft" introduced the real property rights in the Japanese Civil Code,and the land debt in the German Civil Code led to the lack of the power of the pawn.The "Planning Measures for the Clearance of Real Estate" formulated by the Beijing National Government was mainly It stipulates how to distinguish between pawn and sale,foreclosure,redemption years and rights.There are 17 articles(998-1014)in the draft of Chinese Civil Law,including the period,the search,the code.The provisions on the risk of loss of property are relatively systematic but not implemented.The provisions of the Chinese Civil Law are also related to the provisions of the Code.There are 17 articles(Articles 911-927)that are more comprehensive than the Draft of the Chinese Civil Law,such as land ownership.The provisions of the adjacent relationship also apply to the code.Compared with the middle and early period of the Qing Dynasty,the legislative power of the late Qing Dynasty and the early Republic of China was more independent and standardized except for the changes in the content of redemption and the period of the ceremony.