从模糊到明晰:中国古代土地产权制度之变迁

From Ambiguity to Clearness: the Change of the Ancient Chinese Landownership System

西周是以村社小共同体为基础的多级贵族所有制 ,商鞅变法使土地产权向单级所有制过渡 ,公田与私田开始分离。西晋占田制后 ,对土地所有权的争夺从从暴力形式转向平和、从法外形式转向规范。唐两税法后 ,国家对土地所有权由诸多限制变为更加尊重和放任 ,匿田漏税与查田均税的争夺代替了兼并与反兼并的斗争。总之 ,中国古代土地产权制度的发展经过了从模糊到明晰的发展过程。

The West Zhou Dynasty was the multi-layers nobility landownership system society based on the small community of villages.Shangyang Reform changed the landownership into a single-layer one .The public land began to be separated from the private one.After the land-occupation system in West Jin Dynasty,the struggle for landownership changed from violent forms into peaceful means,from outlaw forms into standardized ones;after the two-tax system in Tang Dynasty,the state's regulation over landownership changed from many restrictions into the respect and non-interference.Concealing the arable area and evading tax fought against the checking land and equalizing tax,this struggle replaced the one between annexation and anti-annexation.In a word,the ancient Chinese landownership system underwent the developmental process from ambiguity to clearness.