明末以降鄱阳湖地区“水面权”之分化与转让——以“卖湖契”和“租湖字”为中心

The Transaction of Fishing Rights in Poyang Lake Region since the Late Ming Dynasty:A Study of “Lake Contracts”( maihuqi) and “Lake Leases”( zuhuzi)

在产权形态上,"湖权"可分为"水面权"和"湖地权"。由于鄱阳湖是个典型的季节性湖泊,存在两个变动的物理"表面"。在"春泛渺水"时"湖权"主要表现为"水面权",但是"冬干现洲"之后"水面权"与"湖地权"兼而有之。明末以降,鄱阳湖地区存在一个活跃的"水面权"交易市场。由于水面不能像土地一样进行空间上的物理分割,"水面权"的交易无法以面积为单位进行,只能以虚拟的"股"或"分"为单位进行转让。在清代,"水面权"的交易主要有一般租佃、永佃和杜卖三种形式。值得特别注意的是,"永佃"这一概念不仅存在于民间社会,而且"永佃"这种交易形式也得到了官方的认可。只不过,这种"永佃"并不是一种完全的市场行为,而是受到其他非市场因素的影响所致。

Poyang Lake has two variable physical features. The area of the lake fluctuates dramatically between the wet and dry seasons. Property rights are more complex during the dry season. Since the late Ming Dynasty, there was an active ＂Fishing Rights＂ trading market in the Poyang Lake region. The boundary of water surface could not be as clearly delineated in a physical way as land could be, and fishing rights could not be traded as a unit of area, but rather only as virtual ＂shares. ＂ In the Qing dynasty, the trading of fishing rights mainly comprised three forms： general tenancy, permanent tenancy, and complete sale. In fact, the concept of ＂permanent tenancy＂ not only existed in civil society, but this form also received official recognition. But, this kind of ＂permanent tenancy＂ was not purely a type of market-driven behavior; it was influenced by many non-market factors.