习俗、法规与社会——对清代巴县地区“减租”习俗的法律社会史研究

Mores, Regulations and Society —A Social History of Lease Deduction in Baxian in Qing Dynasty

在研究中国传统社会的"租佃关系"时,除"租制""租额"等问题外,还有一个经常被提及的问题--"减租"。但是学界对于减租的具体研究,主要集中在官方的减租规定上,而对于民间原有的减租习俗研究不够。本研究首先从清代减租规定的前后变化入手,切入对于减租习俗的理解。随后利用清代巴县诉讼档案中与减租相关的案例,探讨租佃契约中对"减租"习俗的规定,指出"如年欠丰,照市纳租"的重要性。并以巴县档案中涉及减租的具体案件为例,详细分析"减租习俗"的具体实施过程,说明在减租过程中团邻、团众参与的重要性。正是在"团"的参与下,"照市纳租"习俗才得以形成。最后,联系在四川地区"团"的重要社会意义,论述中国传统社会中习俗、法律与社会之间的关联。

In previous studies of tenancy in traditional Chinese society, "lease deduction" is often mentioned alongside the topics such as lease laws and rent. However, the studies on the mechanism of lease deduction focus on government regulations, and little attention has been paid to the mores of lease regulation in society. The current paper intends to understand the mores of lease deduction by tracing the changes of lease regulations in Qing Dynasty. The paper also delves into the cases on lease deduction in Baxian litigation archives to discuss the mores of deduction in lease contracts, and points to the importance of the mores "if harvest is bad, lease is based on ‘shi’". The paper then analyzes the procedures of lease deduction based on concrete cases in the archive, and argues that "tuan" is an important institution in lease deduction-The mores of "shi-based lease" functions through villagers? participation of "tuan". The paper concludes by examining the social importance of "tuan" in Sichuan, and the link between mores, regulations and society in traditional Chinese society.