论北朝隋唐的土地法规与土地制度

On the Land Order and System During the Northern Dynasties and the Sui and Tang

北朝隋唐《地令》或《田令》只是土地法规,属于上层建筑的范畴,并不决定土地所有制的性质。北朝《地令》既有授田与土地还受条款,又有不触动各户原有土地,进行户内调整,实际上无还无受条款。这是执政者土地国有理想与土地私有现实矛盾冲突的结果,是情势所必然。实施《地令》时,北魏、北齐都是双轨制:对代北鲜卑拓跋族聚居区来说确实是普遍授田制。对汉族为主聚居区,则只是限田制,同时也是一种户籍登记制度。隋唐时期,因为鲜卑族已经不再是统治民族,因而对鲜卑族也就不再实行特殊的土地政策。隋唐未见按《田令》规定给吏民实际授田与土地还受的实例。相反,可直接反映未曾实际授田与土地还受的实例却很多。唐《田令》废止于唐宋之际,而不是建中元年(780)。

The Land Edicts(dilingor tianling)of the northern dynasties and the Sui and Tang were land laws and regulations.These were,however,only superstructure norms;they could not decide the nature of land ownership.The Land Edict of the northern dynasties contained clauses on the granting and receiving of land,but the adjustments it made were carried on within the scope of the household’s original land holding;this meant that in reality it did not touch on the granting and receiving of land.This was the inevitable result of the conflict between the rulers’ideals of state land ownership and the realities of private land ownership.When the Edict was implemented,the Northern Wei and the Northern Qi dynasties followed a dual-track system:a universal land grant system for the Tuoba settlements in northern Xianbei area and a system of restricted land holdings and household registration for the settlements where the Han dominated.During the Sui and Tang dynasties,the system for the Tuoba was cancelled as they were no longer the ruling class.There were no cases of officials actually being granted or receiving land according to the Land Edict during the Sui and Tang dynasties,but there were quite a few cases in which no land was granted or received.The Tang tianling was abolished between late Tang and early Song dynasties,not in the first year of Jianzhong(780).