明清时期荒地占有制度研究

On Wasteland Possession System in the Ming and Qing Dynasties

明清政府在推行垦荒政策过程确立了荒地占有制度,它以官方颁发的文书为证明,承认人们对荒地的占有,在特殊情况下,承认事实上的荒地占有,因此,荒地占有的性质主要是一种权利,特殊情况下是一种事实。官方并不允许人们肆意占有荒地,同时不得违反公共利益和国家法律的规定。荒地占有制度,有利于定纷止争,激发人们开垦土地的积极性,有力地促进了农业的恢复和发展。

The Ming and Qing Dynasties established a policy of wasteland possession in the implementation process of reclamation, it had awarded the title of official instruments to prove that people recognized wasteland possession, in exceptional circumstances, recognized system of wasteland possession in fact, so the nature of wasteland possession is a right , it is a fact under special circumstances. Official do not allow people to wantonly wasteland posses- sion, at the same time it were not allowed to violate the public interest and national legal provisions. Wasteland possession was conducive to the dispute, and inspired people to cultivate the enthusiasm of the land, had effectively promoted the restoration and development of agriculture.