蒙古族古代草牧场产权制度研究

A STUDY OF THE PROPERTY RIGHT TO MONGOLIAN PASTURES IN ANCIENT TIMES

在古代蒙古社会 ,草牧场归皇帝所有即归国家所有。贵族那颜们受封之后 ,也就获得了对草牧场的长期占有权和经营权。这是一种对草牧场占有权和经营权的垄断。在草牧场归国家所有的条件下 ,百姓向他们的主人缴纳“忽卜绰儿”,实际上是向由国库授予权利的人缴纳“忽卜绰儿”,这不会改变土地所有制的国有性质。世袭占有的前提是必须向国库缴纳地租 ,并无条件地服从和执行皇帝的命令。因此 ,世袭占有只不过是对土地占有权和使用权的长期垄断 。

In ancient Mongolian society pastures belonged to the emperor, i.e. to the state. Confirmed with titles, the nobles acquired the permanent right to possession and management of the pastures. This was a monopoly of the possession and management of the pastures. As the pastures belonged to the state, when people paid rent to their masters, they were actually paying it to the man authorized by the state treasury, which could not change the state ownership. The prerequisite to hereditary possession was that the possessor must pay rent to the treasury and obey and carry out the imperial edict.Therefore hereditary possession was only a long period of monopoly of the pastures which did not lead to private ownership.