清代地权交易形式的多样化发展

The Diversification of Forms of Land Transactions in the Qing Dynasty

基于原始契约与刑科题本,本文揭示了清代地权交易的三大类型,一是债权型融通,二是产权转让,三是股权交易出现。借助于土地但不发生产权最终转移的融通性债权交易的各种形式常被混淆,本文加以考辨与厘清:"押",以土地为担保并以地租或利租来还本付息;"典",约定期限内的土地使用权转移与收益占有来偿还借债;"当",以地权为中介的各种借贷形式;"抵",发生地权分割,并以此抵还欠债。清代出现的这些交易手段使农户在保有地权的同时实现其融通性需求,它们与现代金融工具相似,其名称与方式延续并沿用至今。地权转让与收益补偿等交易形式则包括活卖、绝卖、佃权顶退、找价、回赎等,其规则取向是为了最大限度地保障地权所有者的权益。土地经营的合伙制与股权交易亦开始出现。凡此多样化的交易形式,不仅在金融工具缺失的时代充当了资金融通工具的替代,农户赖以济危解困,更促进了土地流转,使生产要素组合与资源配置通过地权市场得以活跃和发展。

It is evident that there were diverse forms for transferring property rights in land during the Qing Dynasty. There were mainly two kinds of transaction, one was the direct exchange of the property rights in land, and the other was financial transaction that did not entail a final transfer of property rights. Several financial methods that have often been confused are differentiated and analyzed in this paper based on the original contracts and the legal judgments in Qing Dynasty. These are collateral （ya）, pawn （dian） , hock and pawn （dang）, and ＂repayment of debt by land to be shared by two sides＂ （di） o These methods served the financial needs of farmers who hoped to keep their land. The direct transaction of the land included several exchanges of lands which could be redeemed and compensated, in order to protect the proprietors as far as possible. Some other transactions by partnership and shareholder were also discovered in the original materials. All these diverse transactions of property right in land, not only helped peasants weather financial difficulties without selling off their land. but also assembled and allocated production factors and resources in the land market.