贵州文斗寨苗族佃契的历史法律特征

On the Historical and Legal Characteristics of Guizhou Wendou Miao's Tenancy Contract

文斗寨是贵州省黔东南州锦屏县的一个苗族村寨,系清水江文书的发现地,还被盛誉为"契约之乡",世代苗民通过佃契调整山林的权属、租佃、劳务、分成等多重法律关系,并形成地方民族特色的租佃经济样态。通过实证考察清代至民国初贵州省文斗寨325份苗族佃契,可见其具有一体多角、程式固定、平等式微、股权复杂和游离政局的历史法律特征。

Guizhou Wendou was a pure Miao village in Jinping County of Qiandongnan, it was found Qingshuijiang documents, and was also known as the ＂Contract Hometown＂. The generations of Miao people had adjust forest ownership,tenancy, labor, distribution and many other legal relationships through the tenancy contracts, and had built tenancy economic form of local ethnic characteristics. This article is an empirical studied by 325 Guizhou Wendou Miao＇s tenancy contracts since the Qing dynasty, its the historical and legal characteristics were multiple angles in a subject, fixed program, equal decline, complex ownership, divorced from the political situation.