论唐、五代所见的“一田二主”与永佃权

Discussion on the One Field Two Owners and the Emphyteus in Tang and Five Dynasties

学者普遍认为,自明中叶以后,永佃权和"一田两主"开始流行于东南地区,至清代和民国时期已蔓延全国。就当时所见资料而言,此论无疑言之成理。但随着研究的逐步深入,特别是十六国至唐代吐鲁番出土租佃契约文书的陆续刊布,以上结论就要修正。笔者发现,中唐《乾元二年(759)或上元二年(761)朱进明转租田土契》就是现存最早的"一田二主"租佃契实例。后周广顺三年(952),诏罢户部营田务时,首次从法律层面正式承认户部营田务原佃户对其所营田的永佃权。唐、五代"一田二主"与"永佃权"实例的出现,并非纯属偶然,而是有其历史背景,亦是其时土地私有产权制度、租佃制度与契约租佃制度长足发展的结果和标志之一。

Scholars generally believe that since the middle Ming Dynasty, the emphyteus and the phenomenon of ＂one field two owners＂ have become popular in the southeast region, and have spread throughout the country during the Qing Dynasty and the Republic of China. As far as the data at that time was concerned, this theory is undoubtedly reasonable. However, with the gradual deepening of the study, especially the successive publication of the tenancy contract for the unearthing of Turpan documents from the 16th to the Tang Dynasty, the above conclusions must be amended. This paper points out that the contract for subleasing land by Zhu Jinming(759 or 952 in the mid-Tang dynasty） is the earliest existing ＂One Field Two Master＂ lease contract instance. In 952, it is formally recognized that the original tenants have the emphyteus to the yingtian of the Ministry of Revenue from the legal level. All of these are not purely accidental, but have their historical background, which are the results and signs of the rapid development of the system of private property rights of land, the tenancy system and the contract tenancy system.