宋代物權(quán)關(guān)系研究
發(fā)布時間：2018-07-26 16:08
【摘要】：本文圍繞宋代物權(quán)關(guān)系這一中心,從法制史的角度審視宋代物權(quán)關(guān)系狀況及其相應(yīng)的法律調(diào)整,將當時的法律規(guī)定與其賴以存在的社會生活相結(jié)合,探究決定或影響其發(fā)展、變化的因素,力求客觀展示宋代物權(quán)關(guān)系和物權(quán)法律制度的面貌與演進軌跡,準確把握宋代物權(quán)關(guān)系的時代特色、物權(quán)法制的價值及其發(fā)展規(guī)律。本論題由三部分組成: 按照歷史唯物主義的觀點、方法對宋代物權(quán)關(guān)系進行宏觀透視,分析、解說宋代物權(quán)關(guān)系發(fā)展的原因構(gòu)成文章的第一部分。宋代社會經(jīng)濟發(fā)展、物權(quán)法律制度的發(fā)展、義利觀三者之間相互作用、相互影響,具有內(nèi)在聯(lián)系。宋代物權(quán)法律制度反映并適應(yīng)了宋代社會經(jīng)濟發(fā)展特別是商品經(jīng)濟的發(fā)展的需求。宋人義利觀的轉(zhuǎn)變、社會成員法律地位的提高以及國家經(jīng)濟管理政策的變化推進了宋代物權(quán)法及物權(quán)關(guān)系的發(fā)展,成為宋代物權(quán)關(guān)系發(fā)展的社會基礎(chǔ)。 第二部分,從現(xiàn)代法學(xué)的角度對宋代物權(quán)關(guān)系進行系統(tǒng)梳理,分析當時存在的不同種類的物權(quán)關(guān)系所具有的不同特征。與唐宋變革社會經(jīng)濟發(fā)展相適應(yīng),財產(chǎn)所有權(quán)與其權(quán)能的分離,使業(yè)主權(quán)由原來單一所有權(quán)形態(tài)被分割為多個層面,限定物權(quán)關(guān)系種類增多,宋代物權(quán)關(guān)系復(fù)雜化。由土地所有權(quán)派生出永佃權(quán)、占佃權(quán)等獲得國家認可的用益物權(quán),并可以獨立有償轉(zhuǎn)讓。為滿足融資借貸的需求,以土地、房屋、店鋪甚至包括動產(chǎn)做擔保,以典權(quán)、抵押權(quán)、質(zhì)權(quán)為內(nèi)容的擔保物權(quán)得以發(fā)展。宋代統(tǒng)治者強化對物權(quán)關(guān)系的法律調(diào)整,在承唐律的基礎(chǔ)上加以創(chuàng)新、完善,關(guān)于物權(quán)的設(shè)立和確認在動產(chǎn)和不動產(chǎn)物權(quán)關(guān)系上適用不同的調(diào)整規(guī)則,同時對國家、私人和團體三種類型所有權(quán)進行相應(yīng)的規(guī)制,并注重了對財產(chǎn)價值支配和利用關(guān)系的調(diào)整,使限定物權(quán)關(guān)系規(guī)范化,不僅用益物權(quán)關(guān)系、擔保物權(quán)關(guān)系種類增多,而且相應(yīng)法律規(guī)范詳備,當事人權(quán)利義務(wù)明確。 第三部分,探討宋代物權(quán)關(guān)系的特征。植根于社會經(jīng)濟生活之中的宋代物權(quán)關(guān)系及物權(quán)法充分反映了宋代財產(chǎn)所有、占有狀況的特點:土地所有權(quán)頻繁移轉(zhuǎn),物權(quán)私有程度深化,物權(quán)主體范圍擴大,物權(quán)關(guān)系復(fù)雜化。宋代物權(quán)法適應(yīng)封建租佃關(guān)系和商品經(jīng)濟發(fā)展的要求顯現(xiàn)出社會成員法律地位平等、私權(quán)強化的趨向,一般社會成員的私有財產(chǎn)權(quán)利一定程度上獲得了法律的支持和認可。宋代物權(quán)關(guān)系還隨著中國古代宗族組織形
[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
【學(xué)位授予單位】：河北大學(xué)
【學(xué)位級別】：博士
【學(xué)位授予年份】：2006
【分類號】：K244
本文編號：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
【學(xué)位授予單位】：河北大學(xué)
【學(xué)位級別】：博士
【學(xué)位授予年份】：2006
【分類號】：K244
【引證文獻】
相關(guān)期刊論文 前2條
1 朱勇;;論宋代法制文明及其歷史貢獻[J];河北法學(xué);2008年03期
2 柴榮;;中國古代先問親鄰制度考析[J];法學(xué)研究;2007年04期
相關(guān)博士學(xué)位論文 前1條
1 譚阿勇;宋代市場立法及信用問題研究[D];鄭州大學(xué);2012年
相關(guān)碩士學(xué)位論文 前2條
1 王瑞蕾;宋代民事訴訟權(quán)利研究[D];河北大學(xué);2008年
2 韓嘯;論唐宋典權(quán)的發(fā)展和社會的變遷[D];河南大學(xué);2012年
，本文編號：2146544
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