从佃户到田面主:宋代土地产权形态的演变

From Tenant Peasants to the Owners of Land Surface:An Analysis of the Evolution of Forms of Property Rights of Land in the Song Dynasty

历史上的永佃权和田底田面权最初产生于宋代。宋代日趋成熟的典权关系为土地流通、合理配置土地资源开辟了新的途径,促进了地权的进一步分化,为后来田底、田面权的流行提供了条件。北宋时官田佃户的永佃权事实上已经形成。到南宋,独立的田面权在官田中已经清晰出现,在经济发达地区的学田租佃关系中也已经产生了永佃权。在民田方面,宋代佃农已经拥有稳固的租佃权,但永佃权尚处于发育成长阶段,只在局部地区出现。宋代土地产权多元化的发育成长具有重要历史意义,对于进一步激发产权权能所属各方的经营和生产积极性,提升经济发展的内在动力,以及对明清时期的土地产权关系和中国传统社会后期乡村经济的发展等,都产生了深远影响。

Historically,the earliest rights to permanent tenancy and to land surface and subsoil emerged in the Song Dynasty.The increasing maturity of mortgage rights opened up a new approach to land circulation and the rational distribution of land resources,as well as encouraging the further division of rights to land and providing conditions for the subsequent prevalence of rights to land surface and subsoil.Peasants’rights of permanent tenancy on official land had already taken shape in the Northern Song.By the Southern Song,independent rights to the land surface of official land had become explicit,and permanent tenancy rights had emerged in relation to the renting of'education fields'in economically developed areas.Song peasants did have stable tenant rights to privately owned land,but permanent tenancy rights were still developing,appearing in some areas only.The Song development of the diversification of landed property rights has important historical significance;it was profoundly influential in raising morale in operation and production relating to property rights and functions and enhanced the endogenous impetus for economic development,improving landed property relations in the Ming and Qing,the development of the rural economy in the latter period of traditional Chinese society,etc.