The Rule Of Law In The Modern Vision Of Real Estate Contract In The Late Qing Dynasty System

Contract system is a traditional management system for real estate, which became rather mature in the last stage of Qing Dynasty. The old system has maintained some comparatively stable components even after going through great changes in social pattern and legislation model, while many individual operation procedures not only survive but also still in effect currently.Recently, more and more attention has been paid on the modernization study of real estate and its legal system. However, less emphasis was laid on modernization of real state legal system in the last stage of Qing Dynasty, especially on its surviving operation procedures such as contract system. Therefore, the major objective of this study is to explore contract system of real estate in the last stage of Qing Dynasty in terms of modernization of legal system. The research on the relationships among the real estate contract system in the last stage of Qing Dynasty, development of market economy, urban modernization, and modernization of legal system were carried out in terms of modernization of legal system through the case study on official documents of real estate in Nanjing Area in the last stage of Qing Dynasty such as official deed, licenses, and tickets. Besides, the comparison analysis of official documents for real estate of Nanjing and other areas was made. Furthermore, binary structure existing in the contract management of real estate was analyzed, and the interaction between official and nongovernmental practice on the standard operation of real estate management was observed. Finally, the actual effect of such interaction during the implementation of related laws was found.Specifically, the emphasis was laid on both the actual state of common people reflected by the contract system of real estate and the present status of law implementation and administration in grass roots. On the basis of the changes in society and legal system in the last stage of Qing Dynasty, the real effect of real estate contract system in social life during social innovation was explored. The research revealed that there is no basic change in real estate contract system caused by the modification of legal documents in the last stage of Qing Dynasty. Moreover, there is only minor transition in legal system of real estate in the practice aspect. According to the cases and examples available, some trading custom and concepts turns out to be...