What Kind of Public Property:the Property Attribute and Concept of Clan Land in the Qing Dynasty
Since Fan Zhongyan established the charity village in the Song Dynasty,the clan land has been regarded as the public property and the public interest of the family.In the Qing Dynasty,it developed universally with the strong support of the government and the clan.The property attribute of clan land in the Qing Dynasty can be investigated from two aspects of co-ownership and public ownership.Its co-ownership is based on the blood relationship and patriarchal concept,which is different from the modern co-ownership system based on principle of individualism.Its public nature is influenced by the traditional Chinese concept of public and private,contains social and ethical values,and is characterized by the relativity of the public ownership and the exclusion of the private ownership.Under the concept of family's sharing of wealth,members of Qing Dynasty clans generally held an idea of property characterized by mutual support and relief in times of need.However,the consciousness of public and private property rights and the boundary of"rights"still existed among the clan members.The implementation of the clan land system played a positive role in stabilizing the order of grassroots society in the Qing Dynasty and enriched the categories and forms of co-ownership system to a certain extent.Some conceptual and institutional elements of clan land that transcend time and space can still provide historical resources for today's legal construction.
Clan LandCo-Ownership SystemRegulations of the ClanConcept of Public and Private Property Rights
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