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土地买卖与租佃、典当是西夏社会地权流转的主要形式,其成交之前“问帐”文本中先问亲邻的事实,反映出地权流转的非排他性质,租傭草的赋税制度、地权流转的法律规定,也反映出国家具有终极土地所有权的特征,与其说流转的是土地本身与所有权,不如说是基于经济收益的“业”、“业权”。西夏法律着眼于维持地权流转契约的效力.而参与私契缔结的中人则利用自身权利与威望发挥着独特效力,二者共同作用,实现了地权流转在某种程度上宏观调控与微观操作的统一。
Land sale and tenancy, pawn is the main form of social land ownership circulation in Xixia. The fact that the neighborhood was first asked in the text before the transaction shows the non-exclusive nature of the transfer of land ownership and the tax on rent grass The legal provisions of the system and the transfer of land ownership also reflect the characteristics that the state has the ultimate ownership of land. Rather than transferring ownership of land itself, land is not so much “ownership” as “economic rights.” The law of Xixia aims to maintain the effectiveness of the contract of transfer of land ownership while the Chinese people who participate in the private contract conclude their unique rights by using their own rights and prestige. Both of them work together to achieve a certain degree of macroeconomic control and microcosmic The unity of operation.