五代民事法律制度的发展及影响

发布时间：2019-02-24 09:20

【摘要】：五代的立法者在借鉴隋唐民事法律制度的基础上,针对当时社会民事法律纠纷复杂化的具体情况,制定了一系列法律法规来调整各项民事活动,尤其是对所有权取得、典权、契约、继承等民事活动的规定较为具体。本文的目的是通过研究五代民事法律制度的发展,来分析五代民事法律制度的特点,最后试着探讨其成因及其对后世民事法律制度的影响。全文主要由引言、正文和结语三个部分构成,其中正文又分为三个部分来论述。引言部分,首先交待了五代所处的历史背景,其次介绍了五代民事法律制度研究的现状和不足之处,最后明确了笔者的研究方法和研究目的。第一部分,主要介绍了五代民事法律制度的发展。通过和隋唐时期民事法律制度相比较,从民事主体制度、物权制度、债权制度和继承制度四个方面来研究其发展。第一,民事主体制度的发展。该发展的背景是国家手中拥有大量荒芜土地,广大农户却因战争逃亡他乡,无法安心耕种,农业生产遭到极大破坏;第二,物权制度的发展。国家为了尽快恢复农业生产,采取一系列措施如招引流民垦荒、把籍没的土地赏赐给功臣宿将等方式把国有荒芜土地分配给广大生产者,土地私有制得到迅速发展。从典卖程序的详细规定可以看出五代时期典卖制度更加完善;第三,债权制度的发展。五代时期契约制度得到了长足的发展,契约种类十分丰富,内容和格式日趋规范;第四,继承制度的发展。五代时期义子继承现象十分普遍,另外死商财产的继承也在唐代继承制度的基础上有所发展。第二部分,主要介绍了五代民事法律制度的特点。第一,土地所有权取得方式多样化,这和土地私有制的发展密不可分;第二,不动产典卖的制度化。五代时期,在不动产典卖方面逐渐形成规范的制度,并且有着一系列禁止性规定,如严禁重叠典卖田宅、严禁盗卖田宅、严禁卑幼私自典卖田宅、严格限制中介的行为;第三,契约的内容和格式日趋规范。五代时期,契约制度发展很快,官民契约的数量激增,国家对契约的规范发展有一定的推动作用;第四,继承制度进一步发展和完善。义子可以继承爵位,同时义子也要承担相应的法律义务,如父母都健在时义子不得别籍异财;另一方面死商财产继承人范围有所扩大。第三部分,主要介绍了五代民事法律制度发展的原因和影响。第一,五代民事法律制度发展的原因,主要有战乱影响和土地私有制发展两个方面的原因;第二,五代民事法律制度对后世的影响。从民事主体制度、物权制度、债权制度和继承制度四个方面来分析其对后世民事法律制度的影响,重点介绍了其对宋朝民事法律制度的影响。结语部分,主要总结了五代民事法律制度在所有权取得、不动产典卖、契约、继承等方面的特点及其意义。
[Abstract]:On the basis of drawing lessons from the civil legal system of the Sui and Tang dynasties, the legislators of the five dynasties formulated a series of laws and regulations to adjust various civil activities, especially the acquisition of ownership and the right to pawn, in view of the specific situation of the complexity of civil legal disputes in the society at that time. Contract, inheritance and other civil activities are more specific provisions. The purpose of this paper is to analyze the characteristics of the civil legal system of the five dynasties by studying the development of the civil legal system of the five dynasties, and finally try to explore its causes and its influence on the civil legal system of later generations. The full text is mainly composed of three parts: introduction, text and conclusion, in which the text is divided into three parts. In the preface, the author firstly explains the historical background of the five dynasties, then introduces the present situation and deficiencies of the research on the civil legal system of the five dynasties, and finally clarifies the research methods and purposes of the author. The first part mainly introduces the development of civil law system in five dynasties. By comparing with the civil legal system in Sui and Tang dynasties, this paper studies its development from four aspects: the civil subject system, the real right system, the creditor's right system and the inheritance system. First, the development of civil subject system. The background of this development is that the country has a large number of barren land in the hands of the vast number of farmers fled because of the war, unable to secure farming, agricultural production was greatly damaged; second, the development of real right system. In order to restore agricultural production as soon as possible, the state has adopted a series of measures, such as inviting displaced people to reclaim wasteland, giving the land without land to the meritorious minister, etc., and distributing the state-owned barren land to the vast number of producers, and the private ownership of land has been developed rapidly. From the detailed provisions of the procedure, we can see that the classic selling system was more perfect during the five dynasties; third, the development of creditor's rights system. During the five dynasties, the contract system got great development, the contract type is very rich, the content and format are becoming more and more standardized; fourth, the development of inheritance system. In the five dynasties, the inheritance of the righteous son was very common, and the inheritance of the property of the dead merchants also developed on the basis of the inheritance system of the Tang Dynasty. The second part mainly introduces the characteristics of the five-dynasty civil law system. First, land ownership is diversified, which is closely related to the development of private land ownership; second, the institutionalization of real estate sale. During the five dynasties period, the real estate code gradually formed a standard system, and there are a series of prohibited provisions, such as the prohibition of overlapping code to sell land house, strictly prohibit the theft of land house, prohibit the humble child to sell land house, strictly restrict the behavior of intermediary; Third, the content and format of the contract are becoming more and more standardized. During the five dynasties, the contract system developed rapidly, the number of government and people contracts increased sharply, and the state promoted the development of the contract. Fourthly, the inheritance system was further developed and improved. The son can inherit the title, at the same time, the son should also undertake the corresponding legal obligations, such as the father and mother are not allowed to live while the son can not change the wealth; on the other hand, the scope of the estate heirs of the dead merchants has been expanded. The third part mainly introduces the reason and influence of the development of civil law system in five dynasties. First, the reasons for the development of the civil legal system of the five dynasties are mainly the influence of the war and the development of the private ownership of land, and the second, the influence of the civil legal system of the five dynasties on the later generations. This paper analyzes the influence of civil subject system, real right system, creditor's right system and inheritance system on the civil legal system of later generations, and emphatically introduces its influence on the civil legal system of Song Dynasty. In the conclusion part, the author summarizes the characteristics and significance of the five dynasties civil legal system in the aspects of ownership acquisition, real estate sale, contract, inheritance and so on.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929;D923

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