“逆产”渊源与流变考析

On the Origin and Evolution of the Traitor's Property

"逆产"一词于文献明确提出并单独使用最早当在明代。其源流可追溯至战国时反逆罪者财产。清承明制,"逆产"为叛逆者财产,查抄叛逆者田产入官成为定例。辛亥至抗战前,"逆产"指向卖国军阀、反动分子、贪官污吏、土豪劣绅财产。抗战时期与战后之初,"逆产"主要指汉奸产业。解放战争与建国初期,"逆产"划分新旧两类,旧"逆产"为汉奸财产,新"逆产"为国民党军政人员、反动分子、恶霸、首要特务等人财产。由古而今,各代政权均将"逆产"界定、处置作为政权维系与政府威信树立重要手段,并将自身政治需求作为"逆产"诠释依据。所不同的是,伴随社会进步与法制观念增强,"逆产"处置与使用方式随之演进。"逆产"处置进步表现为人员籍没剔除。

The term ＂nichan（the traitor＇s property）＂ was first explicitly put forward and used in Ming Dynasty, while its origin could be traced back to the property of people convicted of treason during the Warring States period. Following the tradition of Ming Dynasty, people in Qing Dynasty used ＂nichan＂ to refer to rebels＇ property. Confiscation of a rebel＇s property became an ordinance then. From the Revolution of 1911 to the AntiJapanese War, ＂nichan＂ referred to the property of traitorous warlords, counterrevolutionaries, corrupt officials, local tyrants and evil gentry. During the Anti-Japanese War and the early postwar period, ＂nichan＂ mainly referred to the property of hanjian（people working for Japanese invaders）. During the War of Liberation and the early days of the new China, ＂nichan＂ was classified into two types. Old ‘nichan＂ were the property of hanjian, and new ＂nichan＂referred to the property of civil and military officials of the Nationalist Party, counterrevolutionaries, local despots,leading agents and so on. Governments of all ages used the definition and disposition of ＂nichan＂ as an important means for regime survival and the establishment of the government authority, and used their own political needs as the basis for the interpretation of ＂nichan＂. The difference is that the disposition and use of ＂nichan＂ evolved with time as society develops and people＇s legal awareness is strengthened. Progress in this regard is reflected in the elimination of unreasonable elements in confiscation system, the introduction of legal sense, and stronger human rights awareness. ＂Nichan＂ was no longer monopolized by royals, but increasingly taken for public use. Instead of being confiscated by military and government, much more ＂nichan＂ is now used for public welfare.