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取财于地,取法于天。——《礼记·郊特牲》先贤有言:以史为镜可以知兴替。本文选取明史作为个案,意在以断代史研究的方式对传统专制制度下的土地法制作一个全程式考察。明王朝兴于开国之初的地权均平,灭于积重难返的地权困境,笔者尝试以尽量简约的笔墨从法律制度的视角描述这个由治而乱的过程,分析法律制度所导致的足以颠覆一个王朝的巨大危险。本文的命题是,明代地权困境的实质是整个专制主义法
Take money in the land, take the law in the sky. - “Book of Rites suburban sacrifice” Sages have words: history as a mirror can be known. This article selects the history of Ming Dynasty as a case and aims to make a full inspection of the law of land under the traditional autocracy in the way of the study of the history of the Chronology. The Ming dynasty was at the beginning of the founding of the land rights were flat, extinct hardship of land ownership difficulties, the author try to try to use minimalist writing from the perspective of the legal system to describe the process of chaos and chaos, analysis of the legal system caused by enough to subvert A great danger of a dynasty. The proposition of this paper is that the essence of land dilemma in the Ming Dynasty is the entire despotism law