从敦煌吐鲁番出土契约看唐代民间土地买卖禁令的实效

On the Effectiveness of the Tang Dynasty Private Land Sale Ban According to Unearthed Dunhuang-Turpan Contracts

唐律严禁民间随意买卖土地。文章通过对敦煌吐鲁番出土契约的考察,发现唐前期民间存在变相买卖和地下买卖两种隐秘的土地买卖方式,表明官府严格执行土地买卖禁令,禁令存在一定的实际效力;中唐以后,民间土地买卖频繁发生,表明禁令的实效逐渐消失,不过民间仍对禁令心存顾虑,往往在土地买卖契约中设置反恩赦条款加以预防。官府对土地买卖缺乏有效的监控手段与民间正当的买卖需求难以抑制是禁令实效消失的主要原因。

Private land sale was prohibited by the laws of the Tang Dynasty. According to unearthed civil contracts from Dunhuang and Turpan, there were two ways to sell land in the early Tang dynasty： disguised sale and underground sale. This indicates that in this period the official prohibition on selling land was strictly followed and was effective to some extent. The increasing frequency of private land sales during the middle of the Tang dynasty reflected the growing invalidity of the prohibition, and the ＂ anti-amnesty＂ articles added to contracts reveals that people still remained cautious about this ban. A lack of effective monitoring methods and the unquenchable need for private land sales are the main reasons for the gradual subversion of the prohibition.