宋代房屋产权研究

发布时间：2018-03-21 06:47

本文选题：宋代　切入点：房屋　出处：《东北师范大学》2017年硕士论文　论文类型：学位论文

【摘要】：宋代是中国古代社会发展的又一个高峰,其社会经济各个方面都展示出迅速发展的势头。商业繁荣,市场经济活跃,连乡村地区也被纳入商业圈。随着商业的不断发展,城市中坊市制逐渐涣散直至崩溃,使得城市呈现出更加开放的姿态;同行业间形成了行会组织捍卫共同的利益;海外贸易也发展到一个新高度。城市的规模扩大,数量增多,且经济功能越发明显,城市中人口也大幅增加;乡村中土地流通速度加快,人身依附关系松弛,人从土地上解放出来,人口流动频繁。人们的观念随着社会的发展也有所改变,传统的义利观受到挑战,社会上重财现象普遍而严重,土地房屋买卖成为常态,许多士人官员甚至政府也从事商业,与民争利。法律对于私有财产的重视与保护也出现了前代未有的力度。宋代房屋买卖的价格从乡村到城市呈现出较高的趋势,且城市和地段的不同价格也不同。参与房屋买卖的双方及中介必须按法律规定的程序进行买卖,并在法律规定的程序中扮演好自己的角色,履行好彼此的权利义务,才能在出现纠纷时受到法律的保护。家庭中继承人可以通过析产获得房屋产权。继承人的范围法律明确进行过规定,尤其是户绝财产的继承。然而由于房屋的重要性,即使是亲人之间也会产生纠纷,这时就需要法律和家族的处理。房屋买卖价格的高昂和人口的流动等因素促使宋代房屋租赁行业发达。由于房租收入的可观性,个人以及政府都参与房屋出租的行业中,且房租在政府收入中占有重要比例。房屋租赁双方也必须依法行事,这样在纠纷发生时权益便能得到保障。此外政府为保证社会稳定,对于灾民、宗室、官员、归正人这些特殊人群的住房问题采取特殊措施加以解决。
[Abstract]:The Song Dynasty was another peak of social development in ancient China. All aspects of its social and economic development showed a momentum of rapid development. Business flourished, market economy was active, and even rural areas were brought into the business circle. With the continuous development of commerce, The city-state system gradually slackened and collapsed, making the city more open; guild organizations formed with the same industry to defend common interests; overseas trade also reached a new height. The size and number of cities expanded, and the number of cities increased. And the economic function became more and more obvious, and the population in the city also increased substantially; the circulation of land in the countryside was accelerated, the personal attachment was relaxed, the people were liberated from the land, and the population moved frequently. People's ideas changed with the development of society. The traditional view of righteousness and interest was challenged, and the phenomenon of heavy wealth in society was widespread and serious. Land and housing transactions became the norm, and many scholars and officials and even the government were engaged in business. The law paid more attention to private property than in previous generations. The price of houses sold and sold in the Song Dynasty showed a higher trend from the countryside to the city. And the prices of different cities and lots are different. The parties and intermediaries involved in the purchase and sale of houses must follow the procedures prescribed by law, and play their part in the procedures prescribed by law, and fulfill each other's rights and obligations. In order to be protected by law in the event of a dispute, the heirs in the family may acquire property rights in the house through property analysis. The scope of the heirs is clearly defined by law, especially in the case of inheritance of property from the household. However, because of the importance of the house, Even family members will have disputes, which need to be dealt with by the law and the family. The high price of housing and the mobility of the population contributed to the development of the housing rental industry in the Song Dynasty. Both individuals and governments are involved in the rental industry, and rents account for an important proportion of government revenue. Both parties must act in accordance with the law so that their rights and interests can be safeguarded in the event of disputes. In addition, the government is trying to ensure social stability. Special measures should be taken to solve the housing problems of victims, clans and officials.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F299.29;K244

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