试论清水江流域的民间地权转移——基于文书的考察

The Nongovernmental Transfer of Land Ownership in the Lower Reaches of the Qingshujiang River:Based on Survey of Documents

清至民国时期清水江民间地权转移方式有断卖、典卖、抵押、分家、拨换、赠送和租赁等。其中,断卖、拨换和赠送使地权永远发生转移,分家使地权重组;典卖、抵押和租赁暂时转移地权,若期满后土地变成断卖,地权则实现永久转移;地权转移契约款式和程序基本稳定,成为当地的习惯法;地权转移方式具有灵活性和可操作性,有效地促进了土地的流动,有利于地方经济社会的发展。

The transfer of land ownership from the Qing Dynasty to the period of Republic in the Qingshu- jiang Valley was carried out in different forms： once sale, mortgage, family property division, exchange, presen- tation and leasing. Among them, the once sale, exchange and presentation make landownership transferred forev- er. Family division restructures the ownership of land. Mortgage and leasing transfers the ownership of land tem- porarily, but it will become permanent if the expiration of the land is sold at a time. The patterns of these con- tracts are so stable that they have become the local customary law. The ways of ownership of land transfer have flexibility and maneuverability, effectively facilitating the flow of land, which is beneficial to the development of local economy and society.