What are the main civil legal norms in Ming Dynasty?

Starting from the protection of the economic foundation on which absolute monarchy depended, the Ming Dynasty protected the land ownership of bureaucrats, nobles and landlords. Since the Song and Yuan Dynasties, the state-owned system of land has been broken, land has been bought and sold freely, and the land equalization system is no longer implemented. Therefore, the Ming law abolished the "excessive land occupation" clause since the Tang law. This is the result of the development of landlord economy in the late feudal society, but it also makes the land merger in Ming Dynasty more serious. During the 40-year period from Mu Hongwu to Xiaozong/kloc-0, the mu of farmers' land was reduced by half.

In the early Ming Dynasty, various forms of land ownership were confirmed by verifying the "yellow book" and "fish scale book" fabricated by the field. In order to protect the ownership of land, stealing and forced planting of land are prohibited. Both official land and private land are under protection. "Stealing other people's fields, thirty per mu, plus one mu, and eighty. Waste soil, MINUS one, strong, each plus one. Officials are given two grades each. Huali belongs to the official owner. " In addition, according to the Ming law, those who illegally sell, exchange goods, voluntarily admit, or invade other people's farmland and houses should answer for 50 to 2 years respectively. In order to protect the legitimacy of land and housing transactions and the rights of both parties, it is also stipulated that those who sell four-bedroom taxable deeds without paying taxes will be beheaded and fined at half price.

The legal provisions on land ownership in the Ming Dynasty were obviously much wider than those in the Tang Dynasty.

(2) Marriage and family system

The legal provisions on marriage in the Ming Dynasty basically followed the old laws in the Tang and Song Dynasties. For example, parents' right to decide on marriage, the elements of marriage conclusion and the "seven conditions" of divorce conditions. However, the marriage and family system confirmed by Ming Law Firm also developed based on the evolution of the times.

First, there are "disabled people, young and old, concubines and beggars" when they are engaged. We should clearly inform them, then get a marriage certificate and get married according to the ceremony.

Second, county governors are not allowed to marry women in their jurisdiction or be concubines during their term of office.

Thirdly, female prisoners at large should not be treated as wives or concubines, otherwise they will be punished.

Fourth, we should not seize a good wife and daughter as concubines. If you seize, rape, or sell to others as a wife, you will be severely punished.

In inheritance, Ming law emphasizes the system of direct eldest son inheritance, and makes direct offenders hit 80 with a stick. The inheritance of property, regardless of official position, is equally distributed among scholars. Only when the property is denied to the household will it be borne by the born daughter. Widowed and childless, the inheritance belongs to the share of the deceased husband. The inheritance law of Ming dynasty is more detailed than that of the previous generation, which embodies the complexity of property relations brought about by the development of commodity economy in the late feudal society.

4. What were the main economic and legal norms of the Ming Dynasty?

Zhu Yuanzhang, the Ming emperor, adopted a series of important economic measures to "live and work in peace and contentment" and restore and develop production. For example, it is forbidden to sell good citizens as slaves and liberate the labor force; Recruit exiles and emigrate to open up wasteland; Building water conservancy projects and dredging rivers; Carry out reclamation; Due to the compulsory guarantee of the law, these measures were successfully implemented and the feudal economy developed significantly. Correspondingly, the commodity economy in Ming Dynasty also developed further. In order to meet the needs of economic development, many countries have enacted many relevant legislations to strengthen the legal adjustment of economic relations. Its notable features are as follows:

(A) the industrial and commercial monopoly system

The Ming dynasty inherited the tradition of the previous generation and adopted the principle of controlling the sales of salt tea. The Daming Law stipulates that there are clear salt laws and tea laws.

The basic contents of the Salt Law are: the state practices monopoly, permits sales and prohibits smuggling salt. Not only is it forbidden to speculate (do) or sell privately, but the buyer is also guilty and fined 100. Pay special attention to punishing prison officials and other acts involved in breaking the salt law.

The regulations prohibiting private tea made after the middle of the Ming Dynasty shall be dealt with according to the regulations on private salt.

(2) Financial taxation system

There are "money law" and "money law" in Ming law to ensure the normal circulation of money.

In order to increase the revenue of the national treasury, the Ming government levied taxes on products put into circulation according to law, and stipulated criminal responsibility for tax evaders. There is also a clear provision of "ten taxes and one tax" in the Foreign Trade Law of Ming Dynasty, which shows the solemn position of safeguarding national tax sovereignty.

In addition, the Ming law has specific provisions on lending, trading and market management, and the general content is basically the same as that of the Tang law.

The economic legislation in the Ming Dynasty reflected the rulers' willingness to adjust handicrafts and commerce by law, which played a positive role in the recovery and development of social economy in the early Ming Dynasty. The guiding ideology of economic legislation in the early Ming Dynasty was to create a solid material foundation for centralization, which was embodied in weakening and cracking down on the economic forces that could form local separatist forces, and at the same time, the traditional policy of emphasizing agriculture and restraining commerce was implemented, so that businessmen could not form decisive social and political forces. In the economic legislation of the Ming Dynasty, acts violating economic laws and regulations were often dealt with by means of punishment, which also reflected the legal characteristics of China's feudal autocracy.