| Land customs in the Qing Dynasty were steeped in the spirit of markets. Examining the response of Qing’s state law to such customs not only helps to clarify the specific relationship between the state and markets at that time, but also provides an important case for testing relevant economic theories. Under various favorable institutional and ideological conditions, China in the Qing Dynasty had the most mature land right market system among pre-industrial societies. All types of land customs reflected the logic of markets and property rights. In the face of land customs, Qing’s state law acted for various purposes that were not coordinated with each other and produced various uncoordinated responses. However, the relatively weak state capacity of the Qing Dynasty resulted in limited scope and intensity of legal involvement in land rights. Among various types of involvement, protectional involvement that complied with the requirements of property rights and markets was more successful, whereas interventional involvement, which was based on an anti-market logic and aimed at cancelling original contracts and property right arrangements, encountered many obstacles. From the perspective of the great changes since the mid-19th century, we can see that, because state power and land right markets failed to achieve simultaneous development and positive interaction, the political economy of the Qing Empire faced many severe challenges on issues such as state-building and industrialization. From a modern perspective, the ideal relationship between the state and markets should be a relationship of harmonious symbiosis and mutual benefit. |
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