| The real property system in the Ming and Qing dynasties manifested itself as a dual structure of the macro-real-property order, which was subject to the state's political power and the micro-real-property order, which spontaneously formed in local society. Taking "ye" (property) as the core concept and private contracts as the tool, folk property right was composed of various managing hierarchies, such as permanent-tendency, two-owners-of-one-land and property right of dien, and such transaction forms as dien sale, live-sale, and absolute sale. The managing hierarchies, based on the four influencing factors of operating profit, negotiability, management period and taxation risk, constituted the property-right entitlements with different contents and values. Various types of real property transaction, based on present and future values, formed unified trading chain and theoretical framework. The complex real property structure produced by the spontaneous property right differentiation had the positive function of clarifying property rights and reducing transaction costs, and its genesis was rooted in the transformation of the social economy of the Ming and Qing dynasties. Our observation is that the characteristics of the real property system in the Ming and Qing dynasties, i.e. concepts of abstraction and relativity, and flexibility of terms, are different from property concept with the core of absolute ownership and the structure of "dominium -ius in re aliena" in the civil law system. This observation can provide useful reference to China in the current reform aimed at separation of rural land rights. |
京公网安备11010102006664号 京ICP备2023015853号