民国北京政府时期奉天国有林的确权与争讼

Ownership Identification and Dispute Resolution Involving the Fengtian State Forest during the RepublicanPeriod

清末民初,北京政府开始推行国有林制度。这一制度对东北地区既有的林权习惯形成了挑战。晚清东北的森林产权是林地与林木合一的“整体林权”,民间一般以地照和山场税捐凭证作为私有林权的证明。然而,新的国有林制度重构和细分了森林权属,要求将天然森林的林木和民间非业主自种的林木收归国有,由林务局统一发放国有林照。天然林木所有权从森林产权中的单独析出和国有化,导致以往民众享有的私有林地和公共山场中林木所有权和使用权被剥夺,从而引发了多种类型的林权争讼。在奉天这样一个拥有大量天然森林的区域内,国有林权在私有山场和公共山林中的延伸,不断引发林业讼案,逐渐重塑了本地的产权秩序。

The Beijing Government began implementing the State Forest System during the early Republican period.However,this system challenged the established forest tenure practices in Northeast China.During the late Qing period,forest ownership in northeast China included the property rights of both the trees and the forest land.Land licenses(dizhao)and Mountain Tax Certificates were used by the local people as the proof of private forest ownership.However,the new State Forest System redefined forest ownership and clarified its sub-types,aiming to nationalize the natural forests and those trees that were not planted by anybody.The Forestry Bureau would be tasked to solely grant National Forest Certificates.The separation of natural forest ownership from forest property rights and its nationalization effectively deprived the local people of their ownership of and their access to trees in private and public forests,triggering a myriad of disputes over forest rights.In places like Fengtian where enormous natural forests existed,the expanding state forest ownership impinged on private forests and public mountain forests,giving rise to countless litigation over forest rights and incrementally reshaping the configuration of local property rights.