中华法系土地用益制度的演进

Evolution of the Regulation of Utilization of and Profiting from Land in China's Legal System

在以农业为基础的中华法系的发展过程中 ,作为民法物权客体之一的土地 ,对于统治阶级和被统治阶级均有重要政治、经济及军事意义。中华法系土地用益制度大体经历了三个阶段 ,每一阶段均有其自身独特的主导性特征。社会政治力量的对比、经济的发展程度、军事征战需求 ,乃至宗法思想观念等因素 。

In the development of China's legal system which is based on agriculture, land as one of the objects of property right in civil laws has great political, economic, and military significance for both the ruling and the ruled classes. The regulation concerning the utilization of and profiting from land in China's legal system roughly went through three stages. Each stage had its own unique dominating characteristics. The contrast between various social political forces, the degree of economic development, the demand of military operations, and even patriarchal ideology and concept, these factors all exerted direct or indirect influences on the formation of regulations concerning the utilization of and profiting from land at every specific period of time.