The Property Right And Collective Right

The issue of the ancestral temple ownership belongs to the legacy of history,which is still blank in the current legal system.In Tan village of Guangxi Province,around two sets of different discourse logic(the ancestral right and the collective right),The Tan’s third male clan and village commission carried out a 6 years’ struggle of Temple.The discourse expression and inherent logic of ancestral right and collective right are directly related to the historical change of ancestral temple.The ancestral right is a kind of important right under the Confucian tradition,and obtains legal confirmation by means of the rite into the law.But in the modern Chinese society vicissitude,the ancestral right gradually becomes a problem.Today,whether the right of ancestral should be recognized is a problem in the case of national law,If admitted,it means admitting that the individual can continue the traditional family system and ethics,do not admit,it means the deprivation of traditional Confucian ethics and system.How to deal with the ancestral right is a tension between the traditional national law and the Socialist state law.The core of the dispute is the Ancestral temple property right,which is a legacy of history and universal.It is influenced by the historical process,and at the same time shaped by the local society,reflecting the complex local.The incident itself has become more contradictory and tortuous,including the central and local,internal government,local government and clan,clan interior,reflecting the change of local social power and order after the founding of the PRC.This article takes this as a case,along the vicissitudes of the temple and the historical background of the ownership dispute,describes a series of process and events of the temple,analyzes the discourse expression and intrinsic logic,the relevant legal practice,the characteristics and changes of patriarchal clan rights,and the reverse behavior of rural cadres,and so on,then to reflect on the current ancestral temple ownership problem,the country after the founding of the regime movement,the transition period of clan and the relationship between the state and society.Undoubtedly,it has important significance.