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受儒家孝义观念、传统地权观念和风水习俗等影响,清代的土地契约中往往会有“卖地留坟”的习惯性约定。在传统中国人的心目中,坟地具有非常特殊的功能和意义,无论是清政府制定的国家法还是民间社会的习惯法均有“卖地留坟”的相关规定。在清代的地权争讼中,缘于“卖地留坟”而引发的纠纷不在少数,官府对于“卖地留坟”引发的争讼极为重视。由此可见,“卖地留坟”习俗对于中国传统社会土地秩序的形成有着至关重要的影响。儒家伦理观念依然遗存于今天的民间社会,在构建新型的土地秩序中,“卖地留坟”习俗的影响仍旧不容忽视。
Influenced by the Confucian values of Xiaoyi, traditional concepts of land rights and customs of feng shui, the land contract in the Qing Dynasty often had the customary agreement of “selling land for burial of graves.” In the eyes of the traditional Chinese people, cemetery has very special functions and significance. Both the state law formulated by the Qing government and the customary law of civil society have the relevant provisions of “graving land for graving land”. In the dispute over land titles in the Qing Dynasty, there were not so many disputes arising from the “grave selling of land for sale”. The government attaches great importance to the dispute arising from the “grave-selling of land for sale.” Thus it can be seen that the practice of “selling burial mounds” has a crucial impact on the formation of the land order in traditional Chinese society. The concept of Confucian ethics remains in today’s civil society. In the construction of a new type of land order, the influence of the practice of “selling land and grave graves” can not be ignored.