土地习惯规则及其过程——西南杨村30年土地纠纷与生计变迁

Customary Rules on Land and Their Implementation: A Study of Land Disputes and Livelihood Changes in Yangcun Village in the Past 30 Years

20世纪80年代"分田到户",中国农村土地经营方式完成了从"集体生产"到"农户承包"的历史转型。自那以后,西部山区许多农村的田土山林纠纷问题长期存在,但极少诉诸法庭或者通过法律解决,人们主要遵循的是生活经验,甚至创造性运用各种习惯规则来处理他们所面临的各种农耕生产关系。以云贵高原东部的杨村为例,考察了杨村土地习惯规则的行动过程,并证明其在保持农村稳定、防止混乱、减缓家庭经济衰退等方面具有重要意义。

The Movement of Land Divided to Individual Households in 1980s made the historical transformation a success in the rural land operation mode in China from ＂Mass Production System＂ to ＂Household Contract Responsibility System＂. Since then, land or forest disputes in the rural mountainous areas of West China frequently occurred. Most of the disputes were solved through local life experience instead of legal settlement. The local farmers even creatively applied various customary rules to their disputes concerning with their farming production. Based on the case study of Yangcun Village in the eastern part of Yunnan-Guizhou Plateau, the present study is to survey the implementation process of customary rules on land, testifying their significances in rural social stability, dispute solving, and economic recession prevention.