论我国古代土地所有权保护制度的特征

On the Characteristics of Protection Institution for Land Ownership in Ancient China

我国古代曾长期存在着土地国有与私有并存的状态,虽然土地所有权国有的制度始终未被彻底打破,但以土地为核心的物权法律关系仍在一定条件下得到了实现与发展。土地所有权向私有方向发展虽起起伏伏,但从未间断,并最终形成了更加明晰的土地私有权制度,构筑起了具有中国封建社会特色的以土地为核心的物权保护体系。在土地所有权国有与私有的长期斗争中,法律最终从注重土地所有权的确认转向了更加注重对土地使用收益权利的保护,并最终孕育和完善了封建社会的物权制度。

In ancient China, the land state-owned coexists with the private ownership of land for a long time. Although the state-owned land system was not broken thoroughly, the legal relation of real right with land as a core was realized and developed under certain condition. The development of land ownership towards private ownership went up and down but never be stopped. It finally formed clearer private ownership system, and constructed the land-centered real right protection system with the characteristics of Chinese feudal society. In the struggle of land state-ownership and land private ownership, the law finally changed from paying attention to the land ownership to paying attention to protect the right of land use yield, and perfected the real right system in feudal society.