民国初年云南验契中的不动产管控问题

Management and Control of Real Estate in the Verification of the Title Deeds in Yunnan in the Early Years of the Republic of China

民国初建,中央政府以清理清代民间不动产的名义,举行验契,意图通过征收查验费,解决财政困难,增加国家收入。这一举措,是中国现代不动产登记法规形成的预备与先声;通过查验、登记等环节,政府为私人明确了不动产的归属,初步确立产业的权利关系,也完成了对民间不动产清理和掌控的第一步,由此为国家财政提供了征税依据。通过考察云南民间所藏验契文本,可以看到虽然民国初年,政局动荡,但中央政府与云南边疆地方的互动未受阻:一是中央政令通达云南,验契工作可以在腾冲等边地以及镇沅、新平、大理等民族聚居地顺利展开;二是云南地方政府通过验契,对民间原有旧契的土地、房产,以及那些遗失旧契、新建但未登记的不动产开始了初步管控;三是确知地处西南边疆、民族聚居地较多的云南,验契的实施效果基本符合中央欲确定不动产权利关系等要求。

In the early years of the Republic of China,the Central Government carried out the verification of the title deeds in the name of confirming the non-governmental real estate of the Qing dynasty,which aimed to solve the financial difficulties and increase the national income by collecting verification fees.This is the preparation and precursor of the formation of the registration regulations of China’s modern real estate.Through verification,registration and other links,the government made clear the private ownership of the real estate,initially established the relationship concerning the ownership of the property,completed the initiation of clarifying and controlling the non-governmental real estate by the state,and provided the basis for property taxation by the state.The study of the texts concerning the verification of the title deeds collected by the private individuals in Yunnan reveals that although the Republic of China was just established and the political situation was turbulent,the interaction between the Central Government and the border areas in Yunnan was not hindered.First,the policies of the Central Government could reach Yunnan,and the work of the verification of the title deeds could be smoothly carried out in the border areas such as Tengchong and the ethnic minority areas such as Zhenyuan,Xinping and Dali.Second,through the verification of the title deeds,the Yunnan local government began to control the land and real estate,including the confirmation of the old title deeds,and the application for new ones in the case of the newly-built but unregistered real estate.Third,Yunnan,a province in the frontier region of southwest China and with quite a few ethnic minority settlements,could basically fulfill the requirements of the Central Government to determine the ownership of real estate.Like other places in China,Yunnan had quite a few problems such as the concealed property by the rich,incomplete or superficial verification and slow progress,which indicated that the Central Government and the local governments of the Republic of China still had a long way to go to solve the relevant socio-economic problems.