The System Of One Land And Two Owners In Fujian In Qing Dynasty And Its Contemporary Value

The System of one land and two owners was a folk land system which originated from Song and Ming dynasties and prevailed in Fujian in Qing Dynasty.As land management rights are gradually independent of land ownership,the same piece of land is divided into land bottom and land surface.The land ownership rights become the land bottom rights,while the land management rights rise to the land surface rights.As a kind of customary right,the land surface right and the land bottom right are independent property right,and the exercise of the two are independent and do not affect each other.Based on the special social environment,economic factors and cultural background of Fujian in the Qing dynasty,the phenomenon of one land and two owners generally existed in Fujian in the Qing Dynasty,especially in the west and north of Fujian,farmland trading was very popular.After the development of two owners in one land to a certain extent,the phenomenon of three owners in one land appeared in Fujian in Qing dynasty.The appearance of three owners in one land also indicates that the system of two owners in one field developed to maturity and perfection in Fujian in Qing dynasty.However,because the Qing dynasty regarded the two owners of one land as a bad habit and did not recognize it in law,the system of one land and two owners only remained at the level of the folk system,and the right of land surface was only a kind of customary right,which could not be raised into a formal legal system.However,it was a very common phenomenon that one farmland had two owners in Fujian in the Qing dynasty,and Fujian government had to regulate it,which led to the game between the state law and folk custom.In fact,as a land system spontaneously produced by civil society,the system of one land and two owners greatly met the production and living needs of people at that time,and allocated land resources to a certain extent.On the other hand,it failed to break through the cage of the landlord system economy and strengthened the feudal landlord system economy.Therefore,the system of one land and two owners actually have both positive and negative sides.We should treat this kind of folk land system dialectically.Back to the present,contemporary rural land contract management rights are moving from "separation of two rights" to "separation of three rights",the independence of land management rights has been strengthened to some extent.The formation of the system of one land two owners is precisely because the land management right is too powerful,so that the land ownership and the land management right are completely separated,and there are two independent property rights in a piece of land.The purpose of the current reform of land contract management rights is first to protect farmers’ rights and interests,and second to activate the vitality of farmland.If the land management right is excessively separated from the land contract management right,the rights and interests of farmers will be easily harmed.On the contrary,if the land management right is not properly maintained,it will be difficult to activate the vitality of the land.Based on this,this article in Fujian in the Qing dynasty as the center,there are two main research a field development and evolution of Fujian local government and the central dynasty and Qing dynasty to the one land of the two owners legal governance,explore the system one land and two owners in Fujian province in the Qing dynasty society play a positive role and negative effect,the system of one field and two owners historical value and significance,This paper puts forward some suggestions on the development of current land management right based on the system of one farmland and two owners in Qing dynasty,and considers how to balance the relationship between land contract management right and land management right from the Angle of law,so as to give full play to their respective roles.