法制现代化视说野中的清末房地产契证制度——以南京地区房地产契证为范本的分析.docx

AbstractContract Abstract Contract system is a traditional management system for real estate，which became rather mature in the last stage of Qing Dynasty．The old system has maintained some comparatively stable components eVen after going through great changes in social pattem and legislation model，while many individual operation procedures not only survive but also still in effect currently． Recently，more and more attention has been paid on the modernization study of real estate and its legal system．However,less emphasis was laid on modernization of real state legal system in the last stage of Qing DyIl嚣魄especially on its surviving operation procedures such雒contract system．Therefore．the major objective of this study is to explore contract system of real estate in the last stage of Qing Dynasty in terms of modernization of legal system．The research on the relationships among the real estate contract system in the last stage of Qing Dynasty,development of market economy,urban modernization,and modernization oflegal system were carried out in terms of modemizafion of legal system through the ease study on official documents ofreal estate in Nanjing Area in the last stage of Qing Dynasty such as official deed, ficenses,and tickets．Besides，the comparison analysis of official documents for real estate ofNanjing and other areas Was made．Furthermore，binary structure existing in the contract management of real estate was analyzed,and the interaction between official and nongovernmental practice on the standard operation of real estate management was observed．Finally,the actual effect of soeh interaction during the implementation ofrelated laws was found． Speeifieally，the emphasis was laid Oll both the actual state of common people reflected by the contract system of real estate and the present status of law implementation and administration in grass roots．On the basis of the changes in society and legal system in the last stage ofQing Dyn舔眈the real effect ofreal estate contr