宋代物權(quán)關(guān)系研究
發(fā)布時(shí)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(dāng)時(shí)的法律規(guī)定與其賴(lài)以存在的社會(huì)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(jìn)軌跡,準(zhǔn)確把握宋代物權(quán)關(guān)系的時(shí)代特色、物權(quán)法制的價(jià)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(diǎn)、方法對(duì)宋代物權(quán)關(guān)系進(jìn)行宏觀透視,分析、解說(shuō)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(huì)經(jīng)濟(jì)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(huì)經(jīng)濟(jì)發(fā)展特別是商品經(jīng)濟(jì)的發(fā)展的需求。宋人義利觀的轉(zhuǎn)變、社會(huì)成員法律地位的提高以及國(guó)家經(jīng)濟(jì)管理政策的變化推進(jìn)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(huì)基礎(chǔ)。 第二部分,從現(xiàn)代法學(xué)的角度對(duì)宋代物權(quán)關(guān)系進(jìn)行系統(tǒng)梳理,分析當(dāng)時(shí)存在的不同種類(lèi)的物權(quán)關(guān)系所具有的不同特征。與唐宋變革社會(huì)經(jīng)濟(jì)發(fā)展相適應(yīng),財(cái)產(chǎn)所有權(quán)與其權(quán)能的分離,使業(yè)主權(quán)由原來(lái)單一所有權(quán)形態(tài)被分割為多個(gè)層面,限定物權(quán)關(guān)系種類(lèi)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(guó)家認(rèn)可的用益物權(quán),并可以獨(dú)立有償轉(zhuǎn)讓。為滿(mǎn)足融資借貸的需求,以土地、房屋、店鋪甚至包括動(dòng)產(chǎn)做擔(dān)保,以典權(quán)、抵押權(quán)、質(zhì)權(quán)為內(nèi)容的擔(dān)保物權(quán)得以發(fā)展。宋代統(tǒng)治者強(qiáng)化對(duì)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(rèn)在動(dòng)產(chǎn)和不動(dòng)產(chǎn)物權(quán)關(guān)系上適用不同的調(diào)整規(guī)則,同時(shí)對(duì)國(guó)家、私人和團(tuán)體三種類(lèi)型所有權(quán)進(jìn)行相應(yīng)的規(guī)制,并注重了對(duì)財(cái)產(chǎn)價(jià)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(dān)保物權(quán)關(guān)系種類(lèi)增多,而且相應(yīng)法律規(guī)范詳備,當(dāng)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(huì)經(jīng)濟(jì)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(cái)產(chǎn)所有、占有狀況的特點(diǎn):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(kuò)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(jì)發(fā)展的要求顯現(xiàn)出社會(huì)成員法律地位平等、私權(quán)強(qiáng)化的趨向,一般社會(huì)成員的私有財(cái)產(chǎn)權(quán)利一定程度上獲得了法律的支持和認(rèn)可。宋代物權(quán)關(guān)系還隨著中國(guó)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(jí)別】：博士
【學(xué)位授予年份】：2006
【分類(lèi)號(hào)】：K244
本文編號(hào)：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(jí)別】：博士
【學(xué)位授予年份】：2006
【分類(lèi)號(hào)】：K244
【引證文獻(xiàn)】
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(xiàn)[J];河北法學(xué);2008年03期
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相關(guān)博士學(xué)位論文 前1條
1 譚阿勇;宋代市場(chǎng)立法及信用問(wèn)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(huì)的變遷[D];河南大學(xué);2012年
，本文編號(hào)：2146544
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