Property Rights Perspective The Late Qing Dao Qi System

Defeated in Opium War,the Chinese government in Qing was compelled to open its ports,which led to the formation of a co-habitation pattern.Shanghai Title Deed had been one kind of deeds for the Renting of Land in Shanghai which certified and issued to foreign resident in concession.As the main license of real estate of foreign investors in concession,the content of Title Deed is somewhat similar to that of Chinese traditional land deed;however the strict application process and the management method of Title Deed have adopted western system and experience,also adopted the spirits and principals of western legal system.This thesis investigates the system of Title Deed in Shanghai from the angle of theory of Property right.The preceding chapter firstly researches on the historical backgrounds and development history of Title Deed back of its founding.Secondly, based on the detailed analysis on the relevant standpoints of source and nature of Title Deed,the thesis tries to show the longitudinal function of Title Deed on the property of land from the angle of nature of property.Under the system,the separation of ownership and operation right of land,the system of powers and functions centered with land Usufructuary right then promote the land transfer and increase of land price of concession.The other part of the thesis researches on the system of Title Deed from a micro-angle through detailed research on the historical data of Title Deed.Via combination of economic history,history of legal system and contract,from the static and development angle,through the method of research on practice and comparison, the thesis analyses the No.5197 of Title Deed deeply with other relevant documents. Through the analysis of the land dispute cases in the public records of Title Deed,and the comparison of Title Deed with Chinese traditional deed contract and western management method of real estate,the thesis researches the basic problems,such as the format of Title Deed,the transfer process and dispute settlement methods,and then illustrates the meaning of Title Deed on the simplification of land ownership. The thesis also tried to discuss on some comprehensive theories such as the sense of contract,the sense of property right and balance of powers.The last part of thesis researches on the grey area of system of Title Deed that is the Registered Title Deed.The generation and operation reflect the political and economic benefit of Title Deed,also the crash and combination of Chinese and western legal culture.Lastly the consideration on globalization and localization of rule by law provides different paths of research on the change of legal system of modern age.