贵州岑巩契约文书中“典”之辨析

Analysis of “Dian” in Guizhou Cengong Contract Documents

典是一种特殊的土地交易活动。通过对贵州岑巩契约文书中典契的产权流转、回赎,以及转典契约的梳理,分析其立契订约中的诸多相关问题,厘清典契与"活卖"和借贷契约之间的相通和差异,认为典可以被视为随着价格的变化和经济的波动在回赎和买卖之间进行不同程度滑动的一种交易方式。提出典契不属于借贷契约的性质及其保护小农经济的特色,同时也讨论了其在中国传统社会经济发展中产生的影响。

Dian is a special land transaction activity. Through sorting out the property right circula-tion, redemption and transfer contract of the pawn deed in the contract documents of Cengong of Guizhou, this paper analyzes many related problems in the contract contract, clarifies the similarities and differences between Dian, “ Huomai” and the loan contract, and holds that Dian can be regarded as redemption and sale with the change of the price and the fluctuation of the economy. A way of trading between different degrees of sliding. It is pointed out thatDian does not belong to the nature of the loan contract and its characteristics of protecting the small - scale peasant economy, and its influ-ence on the development of Chinese traditional social economy is also discussed.