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中国近代农村土地交易中的契约、习惯与国家法（1）
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ABSTRACT
This essay investigates the land transaction customs and contracts that prevailed in the village land market before the 1950s. The author argues that the customs and contracts maintained the frequent land transaction, which was largely resulted from the social structure of the village and the change of labor/land ratio among peasant households. Unfortunately, the effort in modernizing traditional legal system in the first half of the century failed to re-institute the land transaction custom into a new western-style civil code. The author suggests that, in the process of legalizing the current rural land redistribution system, legislators should take into consideration the grass-roots practices accumulated during the rural reform since 1980s.
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