The Study On The Relationship Of Real Right In Sung Dynasty

On the basis of Chinese ancient law in Song dynasty, the dissertation surveys therelations and adjustments of the laws of real right and combines laws and regulations thenwith social life on which they were based. In order to grasp the characteristics of the real rightof the time and its values and development,this dissertation describes and expresses the realrights relations and its legal system accurately and objectively. The dissertation lies into threeparts:According to the Methodology of Materialism, the first part analyses the phenomenon,characteristics and the rule of the development of the relationship of real right in SongDynasty. During that period, it was inter-related, interacted and benefited each other in thatdevelopment of social economy, the law of real right and the concept of morality. The realright of Song Dynasty system reflected and met the demands of economy, especiallycommercial economy development at the time. Transformation of view of morality andbenefits, improvement of legal status, changes of economic administrative managementpolicy enhanced real right law in Song Dynasty and became social foundation of real rightrelations in Song Dynasty.The second part puts the real right relations in Song Dynasty according to modern lawtheory and analyzes the different features of different kinds of real right relations. Incorrespondence to social transformation of Tang and Song Dynasty, separation of ownershipand its functions resulted in the right of owner changing from single to different layers. Thus,real right relations in Song became complex. Derived from land ownership, perpetuity andright of land rent were allowed by then government. In order to meet the demands of finance,land, house and shop could be used as guarantee, and at the same time, mortgage right, pledgeright, and pawnage right developed. Based on the relationship of real right in Tang, Songgovernment innovated it, meanwhile the real right of government, privacy and group wereadjusted by law. The law of real right adapted itself to the relationship of feudal renting, andthe requirement of development of commercial economy. It showed that the social members'legal condition was equal, the trend of private right was strengthened, and the common socialmembers' right of private property was admitted by government more or less. Thegovernment made lots of adjustments in putting to use the value of property, and therelationship of using. Finite real right became reasonable. Not only the kinds of usufruct andsecurity interest increased, but related laws and regulations became accurate and detailed.The third part deals with real right relations in Song Dynasty. Rooted in economic life,real right relations and its law sufficiently reflect characteristics of property and ownership inSong Dynasty. Frequent transference of land ownership, the private real right was deepened,the scope of the main body of real right was extended, and relationship of real right becamecomplicated. With the development of Chinese ancient clan, the relationship of real right hadsome epoch characteristics. The families became the main bodies of the relations of real right.The freedom of the right of using the private property was updated, and the traditionalrelations and neighbor-priority were weakened. Clan estate which maintained the relations ofthe clan became economic core.On the whole, politics, economy and culture, especially the development of commercialeconomy in Song Dynasty enhanced the extent of diversity and complexity of the wealthrelations. Correspondingly, the real right relations and its law developed to a comparativelyhigh degree on the basis of experience of traditional legal system. By Song Dynasty, Chineselaw circle developed to a completely new stage with new characteristic and some factors inrecent legal system of modern law. Moreover, some certain idea of the concepts and system ofreal rights of Chinese law also derived from Song Dynasty.