明清时期东南山场的界址与山界争讼

Disputes and Litigations over the Boundaries of Southeastern Mountain Areas in the Ming and Qing Dynasties

浙闽丘陵、江南丘陵的东北部是较早有私占山场记录的地区之一。南宋经界对山场确权产生了重要影响。明代以后争讼中利用鱼鳞图册进行山场确权的案例增加,但由于积步数字缺漏、不实,界址信息粗略,且界址的变动不能及时更新,鱼鳞图册在山界争讼中的作用有限。民众在买卖、继承中形成的契约和分界合同,仍然是山场划界和确权的主要依据。频繁发生的山界争讼是山场资源竞争加剧的表现,同时山场界址在此过程中也逐渐确定、清晰。争讼中形成新的界址表述,或者原有的界址表述被重新解释并为官方承认,人们对山场的认知也在这个过程中不断细化和书面化。

The Zhejiang and Fujian hilly lands and the northeastern part of Jiangnan hilly land had been recorded as private possessions in relatively early time.The initial cadastral survey in the Southern Song Dynasty had an important influence on the confirmation of the property right of the mountains.After the Ming dynasty,the property registrations and cadastral documents(Yulintuce,鱼鳞图册)had been increasingly used in the litigation of mountain property right.But due to the omission and inaccuracy of the acreages,as well as the sketchy information on the boundaries,the change of boundaries could not be updated in time,and the official documents such as Yulintuce had a limited effect in the disputes and litigations over the boundaries of mountains.Nevertheless,the contracts were still the main basis for the demarcation and confirmation of mountain areas and their property rights.The disputes and litigations which frequently arose over the mountain boundaries manifested the intensified contests for resources in the mountain areas.In this process,the property rights and boundaries of mountain areas were confirmed and clarified;new presentations of the boundaries were formulated,old presentations were reinterpreted and recognized by the officials;and people’s knowledge of the mountain areas was also constantly shaped and refined.