Ancient Chinese land inheritance system, rural land inheritance regulations

Land inheritance law: At present, there is no land inheritance law in China, and it is usually judged according to the "Chain Inheritance Law", "Land Management Law", "Land Contract Law" and other relevant laws. Legal basis:

Article 3 of the Inheritance Law is the personal legal property left behind by a citizen when he or she dies, including: (1) the citizen's income; (2) Citizens' houses, savings, and daily necessities; (3) Citizens' forests, livestock and poultry; (4) Citizens' cultural relics and library materials; (5) the means of production that are permitted by law to be owned by citizens; (6) Property rights in citizens' copyrights and patent rights; (7) Other lawful property of citizens. Article 8 of the Law on Land Management and Investigation stipulates that the land in urban areas belongs to the State.

Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives. Article 31 of the Land Contract Law stipulates that the contractor's contract income shall be inherited in accordance with the provisions of the Inheritance Law. If the contractor of the forest land contract dies, his heirs may continue the contract during the contract period.

After the death of the elderly, the land inheritance policy stipulates that the contract right of forest land can be inherited, that is, the cultivated land and grassland contracted by the family can neither be inherited in the form of property, but also cannot inherit the contract right, and can only inherit the business income at this time. If the land is acquired by means of bidding, circulation, etc., it can be inherited by the Department of Amendment.

Legal basis: Article 25 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Rural Land Contracting Disputes shall be supported if the heirs of the contracting party request to continue the contract during the contract period.

In other forms of contracting, where the successors of the contracting party or the recipients of rights and obligations request to continue the contract during the contract period, it shall be supported.

Rural Land Contract Law of the People's Republic of China

Article 16 The contracting party of household contracting is the peasant households of the collective economic organization.

Family members in rural households are equally entitled to the rights and interests of each beam manuscript item of the contracted land in accordance with the law.

Article 32 The contractor's contract income shall be inherited in accordance with the provisions of the Inheritance Law.

If the contractor of the forest land contract dies, his heirs may continue the contract during the contract period.

Legal analysis: The ownership of the homestead cannot be inherited, but the right to use the homestead can be inherited.

Legal basis: "Several Provisions on Determining the Right to Pure Search and Use of Land" Article 49 The homestead land acquired by accepting the transfer of dry clearance and purchasing houses, and the total area of the original homestead exceeds the local standard, and it is allowed to continue to use it after being disposed of in accordance with the relevant provisions, the right to use the land for collective land construction may be temporarily determined. The homestead land acquired by inheriting the house may determine the right to use the land for collective land construction.

Legal analysis: There are provisions on the celebration of state-owned land use rights, and land use rights, as property rights contracted by individuals, can be inherited by heirs in accordance with the law.

Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the will to inherit the wheel or bequeath the dregs and tongjiao; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

1. Xia and Shang - slave society. Public ownership of land (state ownership).

2. Zhou - the transition stage from slave society to feudal society. The land was divided into feuds, which belonged to the Son of Heaven and the princes.

3. Warring States - Establish private ownership of land (eup) in order to reward military merits and maintain the rule of the nobility. During the Spring and Autumn Period and the Warring States Period, the vassal states successively changed the law. The new state taxation system and legal provisions have gradually changed the land ownership system from state ownership to private ownership, such as the "declining levy of the land" of the Qi State Guan Zhong and the "initial tax per mu" of the Lu State in the Spring and Autumn Period.

4. Qin - Establish private ownership of land and pay taxes per mu.

5. The Han and Jin dynasties inherited the Qin system, but the burden of endowment and service was borne by the people, and the land was concentrated in the hands of the scholars. In the middle of the new dynasty, Wang Mang reformed the system, modeled after the ancient well field system, and the national land was renamed "Wang Tian", and buying and selling were prohibited. Not only did it not solve the land issue, but on the contrary, it intensified all kinds of land contradictions.

6. Sui and Tang dynasties - feudal land state ownership. Implement the three-in-one system of land equalization, rent regulation, and government and military system. Due to the increased desire of the landlords to pursue land, the large loss of state-owned land due to land annexation has made the private ownership of landlords an established fact, the system of equalizing land has completely collapsed, and the regulation of rents and mediocrity cannot be implemented.

In 780 A.D., the two taxation laws were implemented, and on the premise that the state recognized the land annexation of landlords, they taxed landlords according to their land assets. It legally promoted the emergence of a large number of feudal private ownership of land.

7. Song -- In order to ensure the production of peasants and increase financial revenue. Wang Anshi changed the law to exercise the Fangtian Equal Tax Law, which is the inheritance of the tax land of the two tax laws. ** Land should be re-measured, and taxes should be levied according to the amount of land occupied by each household and the barrenness, with no exception from bureaucrats and landlords.

8. Ming -- In order to alleviate class contradictions, reform the tax system, and implement a whip law throughout the country. The field endowment, forced labor, and miscellaneous labor shall be apportioned among the acres of land (the service shall be attributed to the land), and the land shall be measured, collected by the mu, and collected in silver. It shows that the state attaches more importance to land than the population.

At the same time, the collection of silver depreciation meets the needs of the development of the commodity economy, and is conducive to the commercialization of agriculture and the emergence and development of capitalism.

9. Qing - spread into acres. The Ding tax was evenly distributed into the land tax, and the unified land and silver were collected, which completely solved the dual-track tax collection form of both ding and land, thus completing the reform of China's feudal service system since the Tang Dynasty and the two tax laws. This implementation promoted economic development, and population growth reached the peak of feudal society.

Since the Shang Dynasty reform, most of China's feudal societies have adopted the policy of valuing agriculture and suppressing commerce, and the so-called private ownership of land was formally established after the Shang Dynasty reform law.

In the later period of primitive society, because of the low productivity of the clan commune, the public ownership of land was adopted, and with the improvement of productivity and the innovation of production technology, a large number of private fields were reclaimed, and the public ownership of land was destroyed. 】。Therefore, land reform was carried out and private ownership was established.

The public ownership of land was mainly used in the following areas: after the reform of Emperor Xiaowen of the Northern Wei Dynasty, the others were mainly based on private ownership of land in the early Tang Dynasty.

Sui and Tang dynasties - the Juntian system, the rent system, and the government and military system.

Song - Fang Tian Jun Tax Law.

Ming – a whip law.

Qing - spread into acres.

Legal analysis: The inheritance of land inheritance is the same as that of other inheritances, and there are four types of wills, bequests, bequest maintenance agreements and legal inheritance. Among them, legal inheritance is the last way to go to the bottom, and generally when inheriting land through legal inheritance, there is a restriction on the order of inheritance.

The law is based on the Civil Code of the People's Republic of China

Article 1123 After the commencement of inheritance, the legal succession shall be followed; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1156: The division of the estate shall be conducive to the needs of production and livelihood and shall not harm the utility of the estate. Inheritances that are not suitable for division may be disposed of by means such as discounting, appropriate compensation, or joint ownership.