论战国土地私有制——对20世纪80年代以来战国授田制观点的质疑

The Character of Private Ownership of Land of the Warring States Period

战国农户土地的最初来源有"分田"和"授田"两条途径。"分田"就是取消井田内部"公田"和"私田"的界限,将土地分配给各个家庭,这是战国农户土地最初来源的主要途径。"授田"是国家将手里控制的土地授予特定人群和外来人口。"授田"来源于国有土地,但授予后即归被授予者所有,与"分田"都属于私有土地。"赐田"是永业,可以传之子孙。战国时期,由转让和买卖所导致的土地兼并已有一定程度的发展。睡虎地秦简《封诊式·封守》所载内容是案件处理参照的文书格式,并非真实的案例,不能证明土地的国有性质。战国土地可以继承、转让和买卖的事实说明,战国土地所有制的基本形式是土地私有制,而不是土地国有制。战国时期,国家对于农业生产干预较多,是统治者重视"耕战"的体现,与土地所有权无关。

Land Distributed and granted were the two original sources o, nousc,otu ~a,u ,, States Period. As well as ＂land distributed＂, the land granted also become privately owned. It stemed from State-owned land, and finally owned by the people who was granted. What was written by fengshou of Fengzhenshi of Shuihudi bamboo slips was just a pormula when dealed with the true cases, so it could not be used to prove the form of the land was State-owned. The fact that people could inherite and transfer and trade the land could prove that the elemental form of land＇s ownership was privately-owned, not the publicly-owned in Warring States Period. In this period, the government intervene in agricultural production more often was only an expression of rulers＇ paying attention to ＂farming and war ＂. It had no concern with the ownership of land.