土地权与人身权:清代广西土司地区土地文书研究

Land Ownership and Personal Right during Qing Dynasty: Study on the Land Documents in the Chieftain Area of Guangxi

清代之前,广西土司地区的土地、村落权属依靠历史、神话进行宣称,并且只是在土司阶层内部进行流动。进入清代,土地权属发生分化:土民掌握私造之田的土地权;膳田("膳村")的土地权仍然跟居住、耕种其上的民众没有关系,这种土地的交易意味着居住其上民众依附对象的转移。民国初年,当地民众运用订立契约、购买土地权的方式,在掌握土地权的同时建立国家层面认可的户籍与身份;役田的土地权性质介于造田、膳田之间,土民掌握"残缺的"土地权。有清一代,土民通过改变役田性质减轻劳役,逐渐掌握了役田的完整产权。清末民初,役田的劳役解除最终完成。土地权与人身权相辅相成的现象可以丰富中国契约、地权研究的总体理论。

Before Qing dynasty, the ownership of the land （or village）was declared by the history and legend in chieftain area of Guangxi. It was transferred beginning of Qing dynasty, the land ownership became d the Shantian＇s ownership was monopolized by chieftains identity by land title until the beginning of Republic of to one iverse ： yet, th another in the chieftain stratum. At the the Sitian＇s ownership e native didn＇t found China; the Yitian＇s ownershi was given to native; their household and p was distributed to natives with some restrictions, but the native had gradually grasped complete property of Yitian. The servitude bounded to land was removed totally during late Qing and early Republic of China. So it＇s my finding： Land ownership and personal right are inseparably interconnected, which could propose a clear and comprehensive understanding of land ownership in China.