近代中国东北的土地契约文书形制与特点探析

Study on Form and Characteristics of Land Contract Documents in Modern Northeast China

土地契约文书是中国社会中极具特色的土地交易凭证,是契约文化得以发展传承的重要载体。近代东北的土地契约文书类型繁多,名目不一。按契约是否得到政府承认分有白契和红契,按性质分有买卖契约和典押契约等,还分有上手老契和本身契。契约有较为固定的订立程序,内容简省,格式化明显,主要包含订立契约当事人的信息和出手原因、不动产的情况和价格、买卖双方及中间人的权利和义务、签字画押及时间等。近代东北的土地契约文书以白契为主,中间人在订立过程中发挥重要作用,这些契约文书反映了近代东北地区土地所有权制度、土地管理制度以及社会演变。

Land contract documents are highly distinctive land transaction vouchers in Chinese society,and important carriers for the development and inheritance of contract culture.The land contract documents of modern Northeast China were of many different types and names.According to the fact that the contract is recognized by the government or not,there were white contracts and red contracts.Based on their nature,there were sale and purchase contracts,pawn contracts,and so on.There were also past contracts and newly-signed contracts.These contracts had a relatively fixed procedure for conclusion,which was concise in content and clearly formatted.This paper mainly illustrates information about the parties to the contracts and the reasons for the transaction,the situation and price of the real estate,the rights and obligations of the buyer,seller,and intermediaries,as well as signatures and dates.The land contract documents in modern Northeast China are predominantly white contracts,and intermediaries play an important role in the formation process.These contract documents reflect the land ownership system,the land management system and the social evolution in modern Northeast China.