Research On Land Management Law At The End Of Ming Dynasty Of<Mengshuizhai Cundu>

The book of rites says,"take wealth from the land,and take law from the heaven.The root of a rich country lies in mulberry.Land is directly related to the development of social economy and the long-term stability of the country.It is the most concerned issue in ancient Chinese dynasties.The relevant system was confirmed by the ruling class in the form of law,forming the basic form of land management law.Ming Dynasty is the period when feudal autocracy developed to its peak,it is in the form of law to confirm and protect land ownership,land reclamation and wasteland centered law allows land to effective development and utilization,based on the Yellow Book and scales atlas of legal system can solve the problem of national tax,the legal system with pawn makes the circulation order and stable development,there are also provisions on debt issues that may affect land stability in life,the legal system of land management in Ming dynasty was quite perfect.But the privileged class represented by the officials trampled on the law,annex the land by giving,begging,occupying and offering,this has caused great disparity in land occupation and intensified social contradictions.With the rapid development of commodity economy in the late Ming Dynasty,the emergence of new economic factors such as the permanent tenancy system,all these problems make the land relationship more and more complex,it poses a bigger challenge to the judicial filed.All of these put forward to the requirement of adjusting the law to adapt the social economy,so the legal system of land management in the late Ming Dynasty showed us unprecedented characteristics.Therefore,the study of the land management legal system in the late Ming dynasty and the summary of its historical experience in the construction of land management legal system is not only helpful to understand the Ming dynasty but also help to explore the development level of China's feudal land management legal system.This paper is based on the legal norms such as the Daming law and the Daming order,with the judicial judgment of "Meng Shuizhai Cun Du" as the key,with "the history of the Ming Dynasty" and "the actual record of the Ming Dynasty" as themain reference historical materials,it attempts to restore the legal system of the late Ming Dynasty in terms of land management as much as possible from the perspective of the social background of the late Ming Dynasty,the understanding of land management legislation,the exploration of the causes of land disputes,the analysis of the types of land litigation in the judicial reality,and the summary of the ways and principles of the judicial treatment of land litigation,so as to form several understandings of the legal system of land management in the late Ming Dynasty.