从贵州清水江文书看近代中国的地权转移

The Transfer of Land Ownership in Contemporary China Reflected in Qingshuijiang Documents in Guizhou

具有数量大、时间长、区域广、价值高等特色的清水江文书是深入了解西南地区和乡土中国的第一手珍贵资料。土地买卖、地权转移是清水江文书的主要种类,"白契"、"红契"并存而又以"白契"为主的文书显示出了地权转移"亲房优先购买权"、"典卖"或"借钱借谷以田抵押"、"亲属间买卖以市场惯例操作"、"中人或房族人作证"、"多不惊动权力机构和政府"等特征;约定俗成的习惯性规制及其房族亲族等的仲裁作用使得清水江流域的地权转移在近代一直稳定存在和延续,并使土地资源因人口分化与经济变动得以顺畅而有效的配置。又其地权转移文书的内容与书写格式与汉族地区的极为相似,表明近代清水江流域少数民族地区的经济社会活动、市场经济因素与江南经济发达的农村相比差别不大,甚至某些方面更加灵活和便于操作。

Qingshuijiang documents are large in number, extensive in time, wide in area, and great in value. They are the precious first - hand materials to study Southwest and the countryside of China. The selling and buying of land and the transfer of land ownership are the important contents of these documents. There coexisted ＂white deed＂ and ＂red deeds＂. The ＂white deed＂ demonstrated the transfer of land ownership with the following features, that is, ＂priority for relatives dian＂ or ＂borrowing money or grains with farm fields as warran- tee＂, ＂dealing with market operation rules among relatives＂ , ＂operation with witness without getting institutional department or government involved＂. Practiced according to members or clan members, the transfer of land ownership in th the customary regulations or witnessed by family e Qingshuijiang area continued steadily for a long time until the contemporary period. The land ownership could be transferred appropriately because of the change of the families and economy. As the contents and the forms of the documents were very similar to those in the Han areas, it indicated that economic and social activities in the minority areas in Qingshuijiang did not differ greatly from the economically developed rural areas in Jiangnan Region, and even in some aspects they were more flexible and easy to operate.