信用、风险与土地市场:民国时期押租制度再研究——以江津县债务类司法档案为核心

Credit,Risk and Land Market: A Re-Study of Deposit System in the Republic of China: Centering on Jiangjin Judicial Archives

押租制度是传统地权结构的重要内容。本文不仅从传统地权结构上阐明了借贷与租佃的相互关系,分析了押金增加所导致的质的变化,即从借贷到加押、到典的变化过程,还讨论了金融与租佃两个市场不同的投资风险。债权转为佃权,即是田主用地租支付欠债。租佃市场的风险大大低于金融市场的风险,债权因此可以向佃权转化。在民间习惯中,金融市场之借约转为土地市场之佃约是常有的现象,而将押金转为借银的交易行为则是不合情理的,主要原因是以实物地租为计量基础的佃权,相对于以货币为基础的债权而言,更有保障,更加安全。本文以江津县为个案,研究认为传统中国乡村的金融市场与土地市场是一个高度流动且高度融合的市场,其中,土地市场具有化解金融市场风险的稳定且强大的功能。

The deposit system was an important part of the traditional Chinese land right structure. This paper expounds the complex relationship between loan and tenancy,analyzing the qualitative changes owing to deposit,that's the changing process from loaning,increasing deposit to impawning. Meanwhile,it discusses the different kinds of investment risk in finance and tenancy market. The debt right transformed into tenant right,and it meant that landowners paid debts with land rent. Because the risk of tenancy market was much less than financial market,the debt right could transform into the tenant right. In the folk custom,it was common that loan contracts transformed into tenancy contracts,while the transaction behavior of the deposit changing to the loan was not rational. The key reason of this social phenomenon was the different degree of risk in two markets. The tenant right based on rent was more secure than the debt right based on currency. In a word,the relationship between the traditional financial market and land market in traditional Chinese rural society was highly mobile and integrated,furthermore,the land market had a stable and powerful function to dissolve the risk of financial market.