Research On The Property Rights Of Patriarch In The Qing Dynasty

The Qing Dynasty is a very important dynasty,because it is the last dynasty of the feudal society.Associated with this are property rights,especially the property rights of the patriarch,have been developed in the Qing Dynasty.Although there are some of the drawbacks in the old society patriarch property rights of the Qing Dynasty,but which also contain a lot of the practical value and cultural thought,worthy of study and treat correctly.Based on the property rights of patriarch in Qing Dynasty as the research object,using the methods of historical research,normative analysis,empirical research and comparative research,respectively from the aspects of historical origin,content,characteristics,influence and enlightenment of the Qing Dynasty analyses the patriarch property rights system.Except conclusion,the content includes six parts:The first part mainly introduces the present research situation of property rights for patriarch in the Qing Dynasty,and analyzes the research of scholars both at home and abroad and also find the problems which has not to be indepth studied,this paper expounds the research ideas and research methods,and the main concepts are defined.The second part reviews the historical origins of the property rights of the Qing Dynasty patriarch.Through the investigation of the historical origin of the property rights of the Qing Dynasty,we can understand the origin and development of the property rights of the Qing Dynasty.In this part it is mainly discusses the law in pre Qin period,Qin and Han Dynasties,the Tang and Song Dynasties,the Ming and Qing Dynasties and the folk customs,mainly around the patriarch property rights in cohabitation finances and family break-up to expound,for further understanding the Qing Dynasty patriarch property rights of content and characteristics,influence and inspiration.The third part analyzes the content of the property rights of the Qing Dynasty patriarch.This part mainly analyzes the legal status of patriarch in Qing Dynasty and the rights contents of patriarch in Qing Dynasty,and from the aspects of ownership rights,creditor’s rights and the rights of succession to analyze thoroughly.The patriarch do not have the legal subject qualification of the Qing Dynasty,and he cannot enjoy the family property alone,family property belongs to the family,the family property rights actually by family group enjoy,but the Qing Dynasty patriarch as family member and manager,enjoys the right to use,right of management and incomplete disposition.The fourth part summarizes the characteristics of the property rights of the Qing Dynasty patriarch.The characteristics of the property rights of the patriarch in the Qing Dynasty are the formation of the common wealth,which also has the characteristics of serving the whole family and the characteristics of patriarchal ethics.These characteristics are the property rights of the Qing Dynasty patriarch,which are different from the western property rights system,but also a summary of the experience of the ancient Chinese people for thousands of years.The fifth part studies the influence of the property rights of the Qing Dynasty patriarch.In the Qing Dynasty,the property rights of the patriarch not only had a great influence on the time,but also had a profound influence on the later generations.There are two aspects of the influence at that time,one is to avoid the improper dispersion and loss of family property,and maintain the stability of the family,and consolidate the country’s political domination;on the other hand,limit the humble young property rights,causing family property disputes,also leading to unequal position between family members.Although there are certain restrictions on the property rights of the patriarch in the legal provisions of the later generations,the property rights of the patriarch still exist and also adjust the relationship among the people.The six part is the modern enlightenment of the property rights of the Qing Dynasty patriarch.With the disintegration of the Chinese legal system,the property rights of the Qing Dynasty patriarch undergo from the restrictive provisions to the final disappearance,but still plays its role in the civil society.The property rights of the Qing Dynasty are a summary of the practical experience of the feudal society in China for thousands of years,it contains much practice value and thought.So it has enlightenment and reference for our theory of law and practice.