清至民国时期清水江流域乡村借贷市场中的“抵”研究

Study on "Pledging" in the Rural Lending Market in the Qingshui River Basin from the Qing Dynasty to the Republic of China

通过对清水江流域“抵”契进行观察发现,清至民国时期清水江流域乡民以产作“抵”借贷,与一般将其定义为抵偿不同。债务者以产业作“抵”借贷,其表现形式不仅包含抵偿,还包括“准抵”借贷、“抵当”、“抵典”等,这也促使我们对借贷市场中的“抵”制度进行重新定义。乡村借贷市场的“抵”,所包含的多样化借贷形式,属乡民自行设计的一种制度安排,以确保乡村借贷市场的有序运转。债务者将产业作“抵”借贷,就会导使所“抵”之产业发生权利让渡,并引发土地、山林等产权或所有权流动加速,在一定程度上促进了区域传统乡村社会的转型。

Through the observation on the "pledging" contract documents in the Qingshui River Basin,it is found that the villagers in the Qingshui River Basin from the Qing Dynasty to the Republic of China used their production as a pledged loan,which was different from the general definition of "compensation".Pledging not only includes compensation for old debts,but also lending,mortgage,pawning,which prompts a new definition of "pledging" in the lending market.The diversified pledging methods were an institutional arrangement designed by the villagers themselves to ensure the orderly operation of the rural lending market.When the debtors made a "pledged loan" with his/her property,it would lead to the transfer of rights,leading to the acceleration of the flow of property rights or ownership of land,mountains and forests,which could promote the social transformation of traditional regions and villages to a certain extent.