Study Of Luoyang Pawn Land Consolidation In Qing Dynasty

The emergence of contract is the product of private ownership and the continuous exchange of goods.With the development of commodity economy,the contract itself gradually changes from the customary way to the legal form.The existing land pawn contract in Luoyang in Qing Dynasty is an important part of the contract documents in Qing Dynasty,and it is an important historical material to study the legal system of land flow in Qing Dynasty.Based on a number of complete and rich land pawn contracts in Luoyang in Qing Dynasty preserved in Luoyang contract Museum,this paper aims to understand the types and constituent elements of land pawn contracts in Luoyang in Qing Dynasty,as well as the reference for China’s modern rule of law.With these problems,this paper analyzes the land pawn contract text of Luoyang in Qing Dynasty.The first part of the article starts from the origin of ancient Chinese "dian",studies the legislative provisions of "dian" in the past dynasties,and then extends to the Qing Dynasty.After that,it states the legislative provisions of the pawn system in the Qing Dynasty,and on the basis of understanding the standard of the pawn contract in the national law,it turns to the pawn contract documents in Luoyang area in the Qing Dynasty.In the second part of the article,the author selects all the land pawn contract documents of Luoyang in Qing Dynasty from thousands of restored copies of various contracts in Luoyang,and classifies them according to the types of pawn contracts.The whole chapter is divided into four sections and eight categories.Through case study,the author interprets the specific format of land pawn contracts in Luoyang in Qing Dynasty.The third part of the article is about the elements and characteristics of the land pawn contract in Luoyang in Qing Dynasty.First of all,it makes a detailed analysis of the constituent elements of Luoyang Land pawn contract,and then summarizes the characteristics of Luoyang Land pawn contract in Qing Dynasty.The fourth part of the article is related thinking.Combined with the previous article,this paper analyzes the modern legal spirit reflected in Luoyang Land pawn contract.Then,based on the principle of reality,through comparative analysis,this paper discusses the value of Luoyang Land pawn contract in the Qing Dynasty on the mortgage of contemporary rural land contractual management right.Finally,from the perspective of modern law,this paper thinks about the Enlightenment of Luoyang Land pawn contract on improving the civil code.