1. 新出简牍与秦代土地所有制问题再探讨.
- Author
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蔡树才
- Subjects
- *
LEGAL history , *NATURAL law , *PROPERTY rights , *LAND tenure , *LAND grants - Abstract
There are a lot of disputes in the academic circle about the land ownership in the Qin Dynasty. The unearthed Qin slips show that the government not only directly controlled and operated a large number of public or official fields, but also granted more land to private households and recognized the private rights of land acquired by the people through inheritance, trading and other ways. The emperor did not own all the land, and private ownership was the universal natural law in the history of ancient law and ideas. However, the ancient property right and land ownership were fundamentally different from the modern property right concept and real right system originating from the West, which cannot be equated with modern private or public ownership and not a purely economic issue. Different rights of people with different identities were often attached to a piece of land at the same time. Property rights were not clear, absolute, exclusive, nor targeted at individuals, but related to identity and relations. In ancient times, there was no clear concept of "subject" and property rights, but a vague and mixed ownership. Since the founding of the People's Republic of China, the land property rights and ownership system have inherited this tradition to some extent, and are fundamentally different from the capitalist land property rights system. [ABSTRACT FROM AUTHOR]
- Published
- 2024