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Title: 清朝法規範中「財產關係圖像」—以田土為例
Other Titles: The Picture On Property Relationship In The Norms Of Qing:Case Study Of The Land
Authors: 陳惠馨
Chen, Hwei-Syin
Contributors: 法學院
Keywords: Land Contract Documents;Property relations;Property rights;fields and houses;land;The feudal system;Hui Dian of great Qing;the Qing Code;law of Ritual;Certificate for land contract;contract of sale;Banners
Date: 2012-03-17
Issue Date: 2015-12-31 10:10:01 (UTC+8)
Abstract: Many of the contemporary legal history researchers (especially foreign scholars), as they study the legal system of the Qing Dynasty, they used to divide the traditional china legal system in civil law and criminal law, or in public law or private law system. This kind of classification for legal system is basis on the legal system of Western countries. This paper will attempt to present the variety of legal norms from the Qing Dynasty. And try to use the contract document and the local trail record that related to the property dispute to present the norms about the private property in Qing Dynasty.Qing legal system has a different classification syste. It is base on the relation to the power of the state. In the judicial trail the classification is mainly based on the nature and urgency of the cases. The classification of the judical lever is basically divided into so-called local self-care cases(自理案件)the case that so call Major cases(重罪)ought to be examine by the Xin-Bu (刑部).The local self-care cases(自理案件)is the cases that deal with the household, marriage, Land matters, and the counties mandarin can made the decision by themselves.The Major cases is the cases that a capital offense case that have something to do with the rebellion, Killing Officer, and foreign Pirates, bandits, robbers. This cases must be report by the governors or the Ministry of Punishment to the Emperor (Xin-Bu).This Articles will analyze the norms of Qing Dynasty that connect to the local self-care cases with the Land, and try to find out how the Qing government regulate the relation of the private property between the ordinary people. This Articles will analyze “The Great Qing Hui Dian”, ”The Great Qing Code”, the relevant norm of the ministries(工部則例), “the Provincial regulation”(省例)and other legal material such as the Contract Documents for the land sale(田土買契).
Relation: 後繼受時代的東亞法文化 : 東亞法哲學研討會. 第八屆
Data Type: conference
Appears in Collections:[2012東亞法哲學研討會] 會議論文

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