论汉初名田宅制度的一个问题:按爵位继承旧户田宅?

On the Land and Real Estate System in the Early Han Period:Inheriting Land and Real Estate according to One's Social Rank?

张家山《二年律令·户律》简312-313是理解汉代法定继承的一则核心资料。这段文字仍有未尽之义需要阐明,其关键点在于对"盈"的理解。目前的主流看法将"盈"视为个人按自身爵位所能名有田宅的数量上限,但本文对此提出不同看法。本文认为"盈"是指分家继承时,诸子按照均分原则应得的田宅数量,与爵位无关。个人爵位只决定国家授予的田宅数额。田宅一经授出后,既由户主所名有,归其支配。户主生前可以使用田宅,也可将田宅买卖、转让,死后还可以完整地传给继承人。这表明户主对名下田宅拥有相当充分的自由支配权力,可视为土地私有。

Strips 312-313 of the Statutes on Household excavated from Zhangjiashan is important in studying the inheritance law of the Han dynasty, while the proper rendering of the word ying is crucial in understanding their content. The well-adopted interpretation so far regards ying as the maximum amount of land and real estate that an individual are allowed to possess based on his/her social rank, but this article argues that ying refers to the average shared by the sons during inheritance, having no relationship with their social ranks. In fact, social ranks only determined the amount of real property granted by the state to individuals, but once granted, the property was then registered under the individuals＇ names, who can sell the property, transfer it to others, and pass it down to their heirs intactly. These features show that individuals held full dominance over the land and real estate under their names, and that resembles private ownership.