明代土地租佃的法律调整

明代法律对租佃关系的调整主要是依据私契关系所确立的规则 ,一方面保护地主的收租权和产业权 ,另一方面也保护佃农的耕作权。随着商品经济的发展 ,地主与佃农之间对土地与佃权的争夺加剧了 ,传统租佃关系发生了新的变化 ,而“永佃”制、“一田二主”的出现 ,正是庶民地主为主干的中国封建地主制出现解体的征兆。

Law Rectification of the Land Tenancy in the Ming Dynasty

Law rectification of the relation of the land tenancy in the Ming dynasty in most part relied on the regulations based on the private contract, which, on the one hand, protected the landlord's right to collect his rent and as well as his right to his landed estate and the tenant's right to plough was also protected on the other. The development of the commercial economy accelerated the struggle for the rights to the land and land tenancy between landlord and tenant peasant. As a result, the tenancy relationship as a tradition had a revolutionary change. "Jus emphyteuticum" and "one landed estate owned by two possessors" predicted the germination of disintegration of the relationship of feudal land lordship mainly led by ordinary landlords in old China