Ancient Chinese Rural Land Ownership and Use Rights Relationship: A Historical Examination of the Evolution of Institutional Thought - Shanghai Social Sciences Doctoral Library [Volume 7]

Author: Wang Fang
Publisher:
Publish Date: 2005-12-01
Features: This book analyzes and examines the concepts of land ownership and usage rights in ancient Chinese rural areas, primarily following a chronological order, divided into seven parts. Chapter introduces the main thread of the idea of state ownership of land, which runs through the land system thoughts of ancient Chinese society. It proposes that in the contractual relationship between land ownership and usage rights, the state has always been in a dominant position, which is the general characteristic of land ownership and usage rights in rural areas of traditional Chinese society. The main task of this chapter is to provide the overall analytical background for the entire book. Chapter 2 focuses on examining the relationship between land ownership and usage rights during the Western Zhou period, primarily characterized by the separation of land ownership and usage rights under the feudal system, as well as the idea of shared land usage rights under the well-field system. Chapter 3 primarily focuses on the impact of the concept of private land ownership that emerged during the Spring and Autumn and Warring States periods on land ownership, usage rights, and their relationship. The conclusion is that although ownership plays an absolute controlling role in the relationship between land ownership and usage rights, China formed a dual concept of land ownership from then on, coexisting with both state ownership and private ownership. Chapter 4 focuses on analyzing the process of adjusting the relationship between state ownership of land and private usage rights under the continuous development of the idea of private land ownership. It examines the evolution of land ownership and usage rights thoughts with the tenant-landlord system as the center. At the same time, based on an introduction to the characteristics of land systems in feudal Japan and India, it points out the unique features of China's land system and the impact these features have had on China's development. Chapter 5 proposes the idea that the long-termization of land usage rights is the overall trend of the evolution of land ownership and usage rights thoughts after the Song Dynasty. The argument for this viewpoint is carried out from three aspects: (1) the state abandoned the struggle for land ownership at the institutional level and shifted to protecting private rights; (2) both written laws and customary laws have established effective orders and rules in the transfer of land usage rights; (3) the prevalence of the perpetual lease system fully reflects the development of the idea of long-term land usage rights. Additionally, this chapter also compares long-term and short-term contracts to demonstrate the stability of long-term contracts, further proving the economic significance of long-term land usage rights. Chapter 6 provides a comprehensive examination of the concepts of land ownership and usage rights in ancient Chinese rural areas and summarizes the relevant historical experiences. Chapter 7 aims to explain the practical significance of historical experiences, pointing out the influence of traditional Chinese land system thoughts on the current arrangements of land ownership and usage rights in rural areas. It also emphasizes the respect for private property rights as a key factor in establishing a sound property rights system and achieving economic development when discussing possible mechanisms for China's land system reform. This is the most important revelation obtained through the historical examination in this book.