围垦活动中的水域产权纠纷与宗族、跨宗族联合——以民国时期湖北樊湖水域为例

The Lineages and Inter-lineage Association in the Disputes over the Property Rights of the Water Area Related to Land Reclamation: A Case Study on the Fan Lake Area in the Republican Period

光绪年间,震惊朝野的樊口闸坝事件最终以朝廷下令建闸筑坝而告一段落。1925年樊口大堤修成后,水面淤生大量农田,刺激着水域上灌溉用水权、湖地种植权与湖草收益权等业权形态的发展,这些业权由明初以来便扎根湖区的渔户宗族所掌握的捕捞权中衍生而来,业权的确立主要有两种方式:一是湖业的买卖;一是通过协商或打官司而形成的“湖规”。由于水域不易分割,在湖区已经形成“宗族—同业甲内的宗族联合—全湖宗族联合”的社会群体序列,虽然内部多有矛盾,但对外部而言,水域社会仍是一个相对封闭的世界。水面淤生成田,原本的社会运行规则依然延续,这一状况导致外来者若非实力雄厚则很难为业已成形的湖区社会所认可。因而,樊口闸坝之争应当理解为一个相对封闭的湖区群体对外来者的排斥,而不是渔农等不同生产行业间的矛盾。

After the dam of Fankou had been completed in 1925, the nearby water area was drained to form a large amount of farming land. The land reclamation stimulated various property rights, which originated from the fishing linages fishing right in this lake area, to develop. The property rights could be obtained in two ways: through commercial transactions and through “the lake rules” established via negotiations or legal cases. In this lake area, a hierarchical social order of “lineage-guild-lineage association-alliance of lineages in the whole lake area” was established. Although there were internal conflicts in this social order, the society of the lake area was a comparatively enclosed world from outsiders viewpoint. The lake area was transformed into farming land, but the original social order still worked. As a result, outsiders were difficult to access to this area unless backed by strong power.