Ancient laws that conflict with people's interests

At the beginning of the establishment of "Neighborhood Law", there was always a conflict between freedom and order. Neighboring right was originally a folk custom, and in the process of gradually evolving into national law, freedom and order clashed. In Song Dynasty, social commerce was highly developed, and freedom of buying and selling was advocated. As Yuan of the Song Dynasty said, the concept of freely buying and selling land property was shared by many people in the Song Dynasty. The Law on Neighbourhood stipulates the objects of business transactions by force, and emphasizes the order value of "respecting the clan and receiving the clan". The conflict between the two can be described as the tip of the needle against the wheat. 2. The conflict between order and efficiency In ancient China, people often lived in groups. "Neighborhood law" advocates land transaction nearby, which reduces the transaction cost and risk of purchasing adjacent land, gives full play to the economic benefits of real estate, saves social costs and embodies the efficiency value of law. However, the original "Law on Neighbourhood" made a very detailed classification of "Neighbourhood", and classified the Neighbourhood according to the funeral "five clothes" grades, that is, from the decline of relatives to the sparse, from Cui Zi, Dagong and Xiaogong, and also made a clear classification of "Neighbourhood", that is, "Neighbourhood is dominated by the southeast, followed by the northwest". If the neighbor doesn't buy it, ask the neighbor next door; Neighbors don't sell, but they call money owners from outside. Or one neighbor is more than two, the east and west neighbors are south, and the north and south neighbors are east. Asking questions strictly again according to this "nearest neighbor method" is not conducive to the smooth progress of the transaction, and even the phenomenon of "poor and eager to sell harm" may appear. Ancient villages: gregarious 3. Conflict between Order and Fairness Due to the development of commerce in Song Dynasty, there are more and more lawsuits about private property. In the face of agricultural land litigation involving "neighboring laws", how to balance the order value of law and the fair value of law, especially to test the legal wisdom of judicial personnel. Third, the integration of legal value conflicts in the evolution of the Neighborhood Law Based on the above background, we can know that the Neighborhood Law was in line with the needs of the people and society at that time. However, there are many loopholes and conflicts of legal value in the evolution of "Neighborhood Law" in Song Dynasty. Next, this paper will analyze the handling methods of legislators and law enforcers in Song Dynasty one by one. 1, Harmony between Freedom and Order In order to keep the value of freedom and order of law in harmony, legislators in the Song Dynasty made some adjustments to the Neighborhood Law, stipulating that "property mortgage, sale and mortgage, first ask the house relatives, then ask the neighbors, not the neighbors, and others will trade. "The trading rules ensure that other people without relatives and friends can also have the opportunity to participate in the trading. At the same time, it also follows the laws of the previous dynasty, and also stipulates the punishment system of "not buying from neighbors will hinder traders, which is a deep crime" to ensure that others can have the opportunity to participate in farmland and housing transactions smoothly. Finally, it is clearly pointed out that the priority of kinship is based on the same price conditions, and it is stipulated in the marriage of the criminal system in the Song Dynasty: "The price of the house is inexhaustible, so it is necessary to trade at a high price. "If neighbors can't afford the market price, other people with higher bids are more qualified to buy farmhouses.

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