Research On Property Rights Transaction And Protection Of Private Land In Song Dynasty

The Song Dynasty was an important period for the development of traditional Chinese society.During this period,due to the changes in the land system and the development of the commodity economy,the private ownership of land was rapidly and deeply developed.To study the property rights transaction and protection of private land in the Song Dynasty,on the one hand,it can explore the historical data of property rights transaction and protection in the Song Dynasty,deepen the study of land property rights in the Song Dynasty,contribute to the study of land property rights protection theory,and have important theories.On the other hand,the study of the protection of private land property rights in the Song Dynasty has important reference value for China's current rural land property rights protection and has practical significance.The purpose of this paper is to study two aspects.First,the transaction of private land property rights,that's mainly the subject,form and procedure of land sale;the second is the issue of property rights protection in the land transaction level,it includes laws and regulations at the national level and judicial cases.In view of these two points,this paper adopts the combination of theory and historical materials,and uses the theory of property rights protection,mainly to select the historical materials of the disputes of land in the Family "Marriage" Volume 4 to Volume 9,to explore and analyze In the Song Dynasty,the protection of private land property rights,the legal system of land property rights protection in the Song Dynasty was more perfect,and the use of law and reason in the dispute of property rights was emphasized.This article has six chapters,the core part is the third chapter,the fourth chapter and the fifth chapter.The first chapter is the introduction.The second chapter introduces the background of the development of private land in the Song Dynasty from the aspects of land policy,commodity economy and ideological concept,and finds that land as a private property of people participates in the market extensively.The third chapter discusses the diversity of private land transactions and the main body of transactions.The frequent land transactions generate diversified forms of purchase and sale,resulting in rapid differentiation of land rights,and there are many participants in land transactions,which are not limited to the parties to the transaction.Pro-neighborhood and "dental care" are the key figures.This kind of institutional arrangement has a great impact on the land property rights of the Song Dynasty.The fourth chapter examines in detail the various property rights institutional arrangements involved in the land transaction level,including the specific procedures for land property rights transactions,the internal neighbourhood system,the land registration system,and various disputes arising from property rights transactions.In this section,the main focus is on national legal provisions and local judicial decisions.We find that the government's legislative system for land transactions is tight,including the pro-neighborhood law that exists to adapt to the clan system,and local officials' attitudes toward land property rights disputes often do not conform to the "law",and discuss the reasons further in the next chapter.The fifth chapter undertakes the discussion at the national level in the previous chapter,and analyzes some factors affecting the protection of land property rights at the civil level.The clan patriarchal system has deep influence in the land transaction and property rights protection in the Song Dynasty.It not only affects the legislative provisions of the country,but also affects the judgment of judicial officials.The patriarchal system and patriarchal relationship are always important considerations for property rights protection in land transactions.Finally,although the land is private,the protection of land property rights refers not to the "individual" in the absolute sense,but to "the inevitable value pursuit of the individual-family ethics".The last part is the summary and outlook.The study of private land property rights in the Song Dynasty tells us that the Song government pays attention to the combination of law and patriarchal factors in dealing with land property rights transactions,which can make the formal system such as law smoothly implement and partially satisfy the moral demands of the people.This provides an important reference for China's land property protection issue today.However,the local customs and other regional cultures in the Song Dynasty specifically influenced the protection of private land property rights.This paper does not analyze this in depth.This is also the shortcoming of the paper.In the future,I will focus on the relationship between the regional culture and the protection of land property rights in the Song Dynasty.