普遍授田制的终结与私有地权的形成——张家山汉简与秦简比较研究之一

The End of Universal Land Ownership and the Establishment of Private Land Ownership:a Comparative Study of the Han and Qin Dynasty Documents Unearthed at Zhangjiashan

《二年律令》中的土地制度,是普遍授田制度的延续,应以土地国有制标识其土地性质。"名田"性质具有不确定性,亦非制度,不宜用以表述其时土地制度的整体属性;中国私有地权从国有地权中衍生而出,普遍授田制的终结便是土地私有权制度的确立。通过普遍授田制对国有地权的层层分割,以及份地使用权和占有权的长期凝固化,最终完成于汉文帝废止普遍授田制之时。

The land ownership recorded in the Er Nian Lü Ling(Statues of the Second Year of the Reign of Empress Lü [186 BC])was an extension of the universal ownership of land,and was thus a form of state ownership in nature.As the land granted to private persons(ming tian)was neither permanent nor institutionalized,it was not typical of the land system of the time.In China,private land ownership developed from state ownership of land.The end of the system of universal ownership of land meant the establishment of private ownership of land.As the institution of universal ownership gradually but continuously eroded state-owned land,and as the land tenure granted to private persons lengthened and became fixed,the system of land universally granted by the state was finally abandoned by the Emperor Wen of the Han Dynasty.