The Study On The Possession System In Ancient Chinese Civil Laws And Regulation

Before and after Property Law was launched, debate about the establishment of the property system has been in the ascendant and not determined. In these debate, most of them are based on western legal theory or comparison of existing laws of western countries, neglecting the heritage of the relevant system of the ancient Chinese civil legal norms in modern China. The background, function and the served objects which had been established in the ancient Chinese civil legal norm have distinctive essential difference with modern Chinese civil law system, however, these norms fully displayed legal culture which dates back five thousand years, which is an important part of Chinese civilization. Undoubtedly, it is one of the motive power to promote Chinese law forward that we should put emphasis on absorbing the essence of local outstanding legal culture and transform them to adapt to the current situation of modern Chinese social development.From the actual state of the basic fact on property, from the angle of possession, the article expounded the relevant system in ancient Chinese civil laws and regulations. We ought to neglect the debate whether the ownership existed in ancient China, especially about land ownership. By careful analysis of the content of the possession system of movable property and the real estate in ancient Chinese civil legal norms, we can find out the features of the times about ancient ownership system. These features contained strict hierarchy in Chinese ancient possession system, the protection of these objects of the classification in this hierarchy and the fact that the system of possession was deeply influenced by ancient patriarchal concept. Finally, the author summarizes the law that the subject of the possession in a limited range extended continuously, the object of the possession became richer in variety and the protection of the possession has been more and more perfect in ancient Chinese civil legal norm system.From the Angle of history, by studying ancient Chinese legal system and rich legal culture, by learning the essence of the possession system which adapted to the modern society, by fully showing precious spiritual and cultural wealth which our long and rich history left us, the article has the significant meaning for us to understand our construction of modern civil comprehensively and objectively...