Research On The Legal System Of Land Sale In Ming Dynasty

Since the emergence of law,it is a common practice that the governments use law as a means of managing and controlling country.In order to consolidate and strengthen the management of land trading,the government in Ming Dynasty has formulated relevant legal provisions in the field of land trading in accordance with the trend.The implementation of these legal provisions has played a certain role in maintaining the order of land trading,strengthening the management of land trading,and resolving disputes over land trading.Specifically,The Precepts of Ming Dynasty regulates the land deed tax,The Ming Dynasty's Imperial Order regulates the transfer of property rights during the process of land trading,then The Great Ming Code clearly stipulates the principle of punishment for the theft of land and the repeated land trading,and then The Statutes of the Ming Dynasty promulgated the management institutions and their responsibility of the land trading.In addition,the annotation of the legal system by the scholars of the Ming Dynasty also helped us to understand the specific significance of the legal system of land trading in the social environment at that time.Through the analysis of the land trading contract and the content of legal norms in Ming Dynasty,it can be seen that the establishment of land trading is mainly composed of three parts:entering into contract,paying deed tax and transferring property rights.All three parts have their own characteristics.This thesis selects the representative land trading contract in Ming Dynasty,and finds that most of the reasons for the land sale result from the lack of money of peasants,and the contract content is basically the same.In the process of the land trading,the legal system of land trading has been gradually improved.In Ming Dynasty,the management strategy of the government centered on land trading contract.Although the buyer and seller were given a certain free choice,the land trading was still specially managed.Tax bureau was set up as a special tax deed management body,the borough,tithing chief and the county Yamen were set up as a three-dimensional management system of land trading,and the fish scale map and yellow register documents were used to register the land trading in order to clarify the ownership of the land.These three bodies determined the management field respectively,each playing a role in their part.Such kind of system can not only ensure the normal tax revenue of the government,but also maintain the stable order as well as the forward development of the society in Ming Dynasty.The legal system of land trading in Ming Dynasty is of great significance to the settlement of disputes arising from the process of land trading.The disputes over the ownership of land transactions recorded in Mengshuizhai-cundu can be divided into types:overlapping trading disputes,fraud disputes and disputes of taking advantage of other party.For the settlement of disputes,we can not only adjudicate according to the provisions of the law,but also mediate on the basis of reason.Different to litigation judgement,the mediation system tended to be private relief,which emphasized on the agreement between the parties,and it oriented to the ordinary civil liability.While the litigation judgment contained compulsory organs intervention and trial with coercive measures and even penalties.It is also the embodiment of the non-litigation and taboo litigation in ancient society,which fundamentally upholds the rule of the feudal system.We focus on the legal provisions of land trading in the Ming Dynasty,pay much attention on the state reflected by the legal system of land trading,study the role of law in the local society and explore the characteristics of the legal system of land trading in the Ming Dynasty Society.The content of the legal provisions of land trading in Ming Dynasty is detailed and operable,but this system is mainly based on punishment,and more attention is paid to the use of human feelings in the process of dispute resolution.The legal provisions on land sale in Ming Dynasty had a great influence on Qing Dynasty and the legal system of modem land trading.The legal system of land trading has maintained a stable state for a long time,which is of positive significance for protecting the legitimate rights and interests of buyers and sellers,stabilizing the order of social management and protecting the survival of ordinary people in the common society.Looking for the rural land circulation mode under the new situation of our country,attaching importance to the part which still has the influence significance and constructing the land circulation legal system which inherits the history and conforms to the reality of Chinese society,has the important referential function for us to construct the beautiful society in modem times and promote the stable development of the countryside.