Research On The Land Sale Contract Of Turpan In The Late Qing Dynasty

Qing Dynasty was the most complete period in the development of ancient contracts.The standard of the contract was embodied in the whole process of signing the procedure and all aspects of the contract form.Research on land contracts of Turpan area will be meaningful reference for studying the history and culture development of Xinjiang and even the development of the whole country.This article takes the land sales contract of Turpan in the late Qing Dynasty of the Selected Xinjiang Archives of the Qing Dynasty as the research object.Through the method of document analysis to summarized the types and characteristics of land sales contracts as well as the content of the contract documents.Common types of sales contracts in this area include absolute sales contracts and live sales contracts.Live land sales are particularly common there.The format and content of the sixty seven contract documents included in the file are basically fixed.The format is all written vertically from the right side of the paper.The content includes the person who established the contract,the reason for selling,the description of land,the participation of middlemen and the date of signing contract,Eighty percent of the contracts have not been stamped by the government,and the reason is tax evasion.The contract documents in Turpan area tend to be consistent with the mainland in terms of format and content and the institutional environment in which they are located,but there are differences compared with other areas in Xinjiang.In addition to being the evidence for the distribution of rights and obligations,contracts are often used as documentary evidence when land disputes occur,which highlights people’s strong sense of evidence.In judicial practice,the land contract is used as evidence,and the review of the contract as documentary evidence is mostly from two aspects: the relevance of the contract and the case,and the authenticity of the contract.There are not too many regulations on the legality of the contract.Among the contracts,which was stamped by the government have the most legal effect and will be protected by them.The government also relies on the contract to judge land dispute cases.Through the research and analysis of land sales contracts in Turpan in the late Qing Dynasty,it laid a foundation for the excavation of Xinjiang’s history and culture and added color to the construction of Xinjiang’s legal system.