宋代物权关系研究
发布时间：2018-07-26 16:08
【摘要】：本文围绕宋代物权关系这一中心,从法制史的角度审视宋代物权关系状况及其相应的法律调整,将当时的法律规定与其赖以存在的社会生活相结合,探究决定或影响其发展、变化的因素,力求客观展示宋代物权关系和物权法律制度的面貌与演进轨迹,准确把握宋代物权关系的时代特色、物权法制的价值及其发展规律。本论题由三部分组成: 按照历史唯物主义的观点、方法对宋代物权关系进行宏观透视,分析、解说宋代物权关系发展的原因构成文章的第一部分。宋代社会经济发展、物权法律制度的发展、义利观三者之间相互作用、相互影响,具有内在联系。宋代物权法律制度反映并适应了宋代社会经济发展特别是商品经济的发展的需求。宋人义利观的转变、社会成员法律地位的提高以及国家经济管理政策的变化推进了宋代物权法及物权关系的发展,成为宋代物权关系发展的社会基础。 第二部分,从现代法学的角度对宋代物权关系进行系统梳理,分析当时存在的不同种类的物权关系所具有的不同特征。与唐宋变革社会经济发展相适应,财产所有权与其权能的分离,使业主权由原来单一所有权形态被分割为多个层面,限定物权关系种类增多,宋代物权关系复杂化。由土地所有权派生出永佃权、占佃权等获得国家认可的用益物权,并可以独立有偿转让。为满足融资借贷的需求,以土地、房屋、店铺甚至包括动产做担保,以典权、抵押权、质权为内容的担保物权得以发展。宋代统治者强化对物权关系的法律调整,在承唐律的基础上加以创新、完善,关于物权的设立和确认在动产和不动产物权关系上适用不同的调整规则,同时对国家、私人和团体三种类型所有权进行相应的规制,并注重了对财产价值支配和利用关系的调整,使限定物权关系规范化,不仅用益物权关系、担保物权关系种类增多,而且相应法律规范详备,当事人权利义务明确。 第三部分,探讨宋代物权关系的特征。植根于社会经济生活之中的宋代物权关系及物权法充分反映了宋代财产所有、占有状况的特点:土地所有权频繁移转,物权私有程度深化,物权主体范围扩大,物权关系复杂化。宋代物权法适应封建租佃关系和商品经济发展的要求显现出社会成员法律地位平等、私权强化的趋向,一般社会成员的私有财产权利一定程度上获得了法律的支持和认可。宋代物权关系还随着中国古代宗族组织形
[Abstract]:Focusing on the center of the real right relationship in Song Dynasty, this paper examines the situation of the real right relationship in Song Dynasty and its corresponding legal adjustment from the angle of the history of legal system, combines the legal provisions of that time with the social life on which it depends, and probes into the decision or influence on its development. This paper tries to show objectively the appearance and evolution of the real right relationship and the legal system of real right in Song Dynasty, and to accurately grasp the characteristics of the real right relationship in Song Dynasty, the value of the property law system and its development law. This thesis is composed of three parts: according to the viewpoint of historical materialism, the author makes a macro perspective on the relationship of real right in Song Dynasty and analyzes it. The first part of the article explains the reasons for the development of the relationship of real right in Song Dynasty. The social and economic development of Song Dynasty, the development of legal system of real right and the view of justice and benefit interact and influence each other and have internal relations. The legal system of real right in Song Dynasty reflects and adapts to the development of social economy especially commodity economy in Song Dynasty. The change of the concept of justice and benefit, the improvement of the legal status of the social members and the change of the national economic management policy promoted the development of the property law and the real right relationship in the Song Dynasty, which became the social basis for the development of the real right relationship in the Song Dynasty. The second part, from the angle of modern jurisprudence, systematically combs the relationship of real right in Song Dynasty, and analyzes the different characteristics of different kinds of real right relations that existed at that time. In accordance with the transformation of social and economic development in the Tang and Song dynasties, the separation of property ownership and its power makes the property sovereignty divided from the original single ownership form into multiple levels, which limits the variety of real right relationship and complicates the property right relationship in Song Dynasty. The permanent tenancy right derived from the land ownership, occupied tenancy right and other usufruct rights approved by the state, and can be independently transferred with compensation. In order to meet the demand of financing and borrowing, land, houses, shops and even movable property can be used as security, and the security right with the content of pawn, mortgage and pledge can be developed. The rulers of the Song Dynasty strengthened the legal adjustment of the real right relationship, innovated and perfected it on the basis of the law of the Tang Dynasty, and applied different adjustment rules to the establishment of the real right and the confirmation of the real right relationship between movable and immovable property at the same time to the country. The three types of ownership of private individuals and groups are regulated accordingly, and the adjustment of the relationship between the value of property and the use of property is paid more attention to, so as to standardize the relationship of limited real right, not only the relation of usufruct, but also the category of the relationship of security interest. And the corresponding legal norms are prepared, the rights and obligations of the parties are clear. The third part discusses the characteristics of the real right relationship in Song Dynasty. The property right relationship and property law, rooted in the social and economic life, fully reflect the characteristics of the property ownership and possession of the Song Dynasty: the frequent transfer of the land ownership, the deepening of the private property right, the expansion of the scope of the real right subject. The relation of real right is complicated. The law of property rights in Song Dynasty adapted to the requirements of feudal tenancy relations and the development of commodity economy showed the trend of equal legal status of social members and the strengthening of private rights. To a certain extent, the private property rights of general social members were supported and recognized by the law. On the relationship of Real right in Song Dynasty with the Organization form of Clan in Ancient China
【学位授予单位】：河北大学
【学位级别】：博士
【学位授予年份】：2006
【分类号】：K244
本文编号：2146544
[Abstract]:Focusing on the center of the real right relationship in Song Dynasty, this paper examines the situation of the real right relationship in Song Dynasty and its corresponding legal adjustment from the angle of the history of legal system, combines the legal provisions of that time with the social life on which it depends, and probes into the decision or influence on its development. This paper tries to show objectively the appearance and evolution of the real right relationship and the legal system of real right in Song Dynasty, and to accurately grasp the characteristics of the real right relationship in Song Dynasty, the value of the property law system and its development law. This thesis is composed of three parts: according to the viewpoint of historical materialism, the author makes a macro perspective on the relationship of real right in Song Dynasty and analyzes it. The first part of the article explains the reasons for the development of the relationship of real right in Song Dynasty. The social and economic development of Song Dynasty, the development of legal system of real right and the view of justice and benefit interact and influence each other and have internal relations. The legal system of real right in Song Dynasty reflects and adapts to the development of social economy especially commodity economy in Song Dynasty. The change of the concept of justice and benefit, the improvement of the legal status of the social members and the change of the national economic management policy promoted the development of the property law and the real right relationship in the Song Dynasty, which became the social basis for the development of the real right relationship in the Song Dynasty. The second part, from the angle of modern jurisprudence, systematically combs the relationship of real right in Song Dynasty, and analyzes the different characteristics of different kinds of real right relations that existed at that time. In accordance with the transformation of social and economic development in the Tang and Song dynasties, the separation of property ownership and its power makes the property sovereignty divided from the original single ownership form into multiple levels, which limits the variety of real right relationship and complicates the property right relationship in Song Dynasty. The permanent tenancy right derived from the land ownership, occupied tenancy right and other usufruct rights approved by the state, and can be independently transferred with compensation. In order to meet the demand of financing and borrowing, land, houses, shops and even movable property can be used as security, and the security right with the content of pawn, mortgage and pledge can be developed. The rulers of the Song Dynasty strengthened the legal adjustment of the real right relationship, innovated and perfected it on the basis of the law of the Tang Dynasty, and applied different adjustment rules to the establishment of the real right and the confirmation of the real right relationship between movable and immovable property at the same time to the country. The three types of ownership of private individuals and groups are regulated accordingly, and the adjustment of the relationship between the value of property and the use of property is paid more attention to, so as to standardize the relationship of limited real right, not only the relation of usufruct, but also the category of the relationship of security interest. And the corresponding legal norms are prepared, the rights and obligations of the parties are clear. The third part discusses the characteristics of the real right relationship in Song Dynasty. The property right relationship and property law, rooted in the social and economic life, fully reflect the characteristics of the property ownership and possession of the Song Dynasty: the frequent transfer of the land ownership, the deepening of the private property right, the expansion of the scope of the real right subject. The relation of real right is complicated. The law of property rights in Song Dynasty adapted to the requirements of feudal tenancy relations and the development of commodity economy showed the trend of equal legal status of social members and the strengthening of private rights. To a certain extent, the private property rights of general social members were supported and recognized by the law. On the relationship of Real right in Song Dynasty with the Organization form of Clan in Ancient China
【学位授予单位】：河北大学
【学位级别】：博士
【学位授予年份】：2006
【分类号】：K244
【引证文献】
相关期刊论文 前2条
1 朱勇;;论宋代法制文明及其历史贡献[J];河北法学;2008年03期
2 柴荣;;中国古代先问亲邻制度考析[J];法学研究;2007年04期
相关博士学位论文 前1条
1 谭阿勇;宋代市场立法及信用问题研究[D];郑州大学;2012年
相关硕士学位论文 前2条
1 王瑞蕾;宋代民事诉讼权利研究[D];河北大学;2008年
2 韩啸;论唐宋典权的发展和社会的变迁[D];河南大学;2012年
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