民国福建永佃制研究

【作者】 张少筠；

【导师】 慈鸿飞；

【作者基本信息】 南京师范大学 ， 专门史， 2011， 博士

【摘要】 本文以民国时期为主要研究时段,对福建永佃制作了较为全面的考察。一、永佃制的形成和分布。福建永佃制在形成渠道上实现了多元化,民国时期政治、经济、社会等多方面的变化又导致了这些形成方式的演变趋势各异。永佃制公田既有与普通公田相同的地方,又有许多独特之处,其独有的形成方式是福建永佃制形成方式的重要组成部分。民国时期,永佃制在福建境内广泛存在,且比重达到了20%以上,但永佃制在省内各地区的发展并不平衡,同一县市内不同乡镇或村庄的分布也不平衡。这是由省内人多地少、农民对地主人身依附关系松弛、各地经济结构和租佃程度不同等因素共同促成的。二、政权政策变迁与永佃制的发展。政府的政策和政局的更替对永佃制有着深远影响。清代前中期,福建永佃制是蓬勃发展的,后来由于地方政府对永佃制实施禁革而使得发展速度暂时放缓,但永佃制习俗的“牢不可破”加上清末对永佃权的立法,清代福建永佃制从总体上来说又是向前发展的。民国时期律法逐步贴合民俗,给永佃制的发展创造了良好的法律环境,但这一时期福建政权的不断更替对永佃制造成了程度不同的影响：民初军阀混战使得永佃制的发展有所迟滞；红军和十九路军分田期间,永佃制出现了短暂的衰落；之后又因为原有永佃关系的恢复和国民政府推行永佃权而得到重新发展。中共土改时在承认农民田皮权的基础上归并皮骨,永佃制在福建最终消失。清代以降,福建永佃制经历了持续发展→发展迟滞→短暂衰落→恢复发展→彻底消失这样一种演变过程。三、永佃制的保护。到了民国时期,社会各方力量都参与到永佃制的保护中来。在永佃制形成和存续过程中,永佃农、政府和司法机关会采取相应的手段保护永佃权。在围绕永佃土地发生纠纷时,当事人会选择民间调解、官方调处或审批、司法调解及审判中的一种或多种方式进行解决,同时宗族组织和士绅阶层,县及县以下基层治理机构或组织,以及司法机关等等在解决纠纷的三种方式中发挥着重要作用。四、永佃制下的主佃利益关系。永佃制的地租形态主要是实物地租,货币地租所占比例虽然不大,但一直贯穿于永佃制的发展过程当中。承租山林的地租形态以货币地租为主。一般私田的永佃租率要低于当地普通租佃的租率,山林和公田的永佃租率更低。永佃制改变了传统的主佃关系,骨主权力日渐衰微,永佃户权力日益膨胀。五、永佃制下的土地流转,主要从四方面进行了探讨。1、转租。民国福建转租行为在民间畅行,并且逐渐得到官方和司法机关的认可。转租呈现出一种小比例、广遍布的分布状态。各地大、小租的数额不一,田皮转租的租率也高低不等,但都普遍低于当地的普通租佃租率。2、继承与典当。继承和典当永佃制土地的现象盛行于福建各地。田皮、田骨和皮骨全田可以分别继承、典当或者转典当,扩大了流转的规模,提高了流转的频率。3、转卖与皮骨价格。转卖有活卖与绝卖之分,并通过找价完成从活卖到绝卖的转化。田皮权无需纳税、流转灵活且手续简便,这些特点使其买卖价格超过了田骨。但田皮价格高低又与时局稳定与否有很大关系,清代民国时期,福建的田皮价格基本处于高于田骨价格的态势,这主要是因为福建受战乱的影响相对较小,田皮交易市场运行比较平稳。4、族田中的永佃F田l流转。族田典卖有着明显不同于普通私田的地方,主要体现在族人只有权典卖自己的轮值年份和族田流转一般采取典当或者活卖形式两方面。永佃制土地的存在加剧了族田的流转频率六、永佃制的性质。从双层地权归属、永佃权产权特点、永佃租率三方面来看,永佃制就是一种为普通农户所掌握、业佃双方平等享有土地所有权,对永佃农有利的土地制度。文章最后指出,研究民国福建永佃制对当今中国农地制度的改革有着重要的启发意义。更多还原

【Abstract】 The article studied the Permanent-Tenancy in Fujian province in the Period of Republic of China comprehensively.One, the formation and distribution of the Permanent-Tenancy. Ways of formation were diverse and evolved differently. This was caused by various changes in political, economic and social aspects. The Permanent-Tenancy in public fields was the same with the general public fields in some respects and was also particular in many aspects. Its unique forming ways were important in the formation of the Permanent-Tenancy in Fujian. The Permanent-Tenancy was widespread in Fujian and the proportion of it reached more than 20%, but the development was unbalanced in various regions across the province or in different towns or villages of the same city. This was because per capita possession of land was relatively small in Fujian, farmers’personal dependence relation to landlords was relax, economic structure and degree of tenancy was different across the province.Two, Changes in regime and policy and the development of the Permanent-Tenancy. Government policies and political changes had a profound impact on the Permanent-Tenancy. In the early and mid-Qing times, the Permanent-Tenancy was natural flourish. But the development of it slowed down temporarily because the local government attempted to get rid of it. As a result of Permanent-Tenancy custom was unbreakable and the government legislated on Permanent-Tenancy, the Permanent-Tenancy was sustainable development in general during the Qing Dynasty. The laws fit to the folk custom gradually in the Period of Republic of China, and it created a favorable legal environment for the development of the Permanent-Tenancy. But the constant turnover of political power in Fujian had varying degrees impact on it. Wars among warlords made the development delayed, there was a short-term fading in the period of the Red Army and the 19th route army dividing lands. Afterwards, the Permanent-Tenancy re-developed because of the restoration of the original permanent tenant relations and the implement of the national government. During the land reform, the CCP dealt with land issues based on recognizing farmers’Permanent-Tenancy and the Permanent-Tenancy disappeared eventually in Fujian. Since the Qing Dynasty, the Permanent-Tenancy experienced a progress such as sustainable development→developmental delay→short-term fading→recovery and development→disappeared completely.Three, the protection of the Permanent-Tenancy. All forces in society were involved in the protection of the Permanent-Tenancy in the Period of Republic of China. In the process of formation and survival, Permanent-Tenants, the government and the judiciary would take appropriate measures to protect the Permanent-Tenancy. There existed three ways of mediation system about the Permanent-Tenancy fields, namely, civil mediation, official mediation or approval, judicial mediation and trial. When there was a dispute, the litigants would choose one or more ways to solve it. At the same time, religious organizations and the gentry, counties and the following agencies or organizations, and the judiciary played an important role in three ways to handle disputes.Four, tenant-landlord interest relationship. The Permanent-Tenancy fields’rent pattern was mainly the natural rent. There was a small proportion of money rent, but it run through the development progress of the Permanent-Tenancy. The rent pattern of renting forests was money rent. The Permanent-Tenancy rent rate of private fields was lower than that of local general rent rate. The Permanent-Tenancy rent rate of forests and public fields was much lower. Under the Permanent-Tenancy, landlords’ power declined gradually, farmers’power expanded day by day.Five, the circulation of the Permanent-Tenancy fields. The paper probed into it from four aspects.Ⅰ,sublease. Sublease was popular in Fujian folk in the republic of China, and recognized by the government and the judiciary gradually. The proportion of sublease was small, but it distributed widely. The rent amounts of ownership lands and permanent-tenancy lands were different everywhere. The rent rates of sublease were also different, but still lower than the local general rental rates.Ⅱ, inheritance and pawn. The phenomenon of inheriting and pawning the Permanent-Tenancy fields was prevalent in parts of Fujian. Permanent-tenancy lands, ownership lands and ownership-tenancy lands could inherit and pawn separately. It increased the size of circulation and improved the frequency of circulation.Ⅲ,resale and prices of permanent-tenancy lands and ownership lands. Resale could be divided into live-sale and complete-sale, and completed the conversion of the former to the latter through looking for price. The prices of permanent-tenancy lands had been higher than those of ownership lands, because the permanent-tenancy had the characteristics of no tax, circulate flexibly and the procedure is simple. The prices of permanent-tenancy lands affected greatly by the current political situation. But the prices had been high continuously in Fujian during the Qing Dynasty to the Period of Republic of China. This was mainly because Fujian was less affected by wars and the land market was more stable. IV, the circulation of the Permanent-Tenancy clan fields. The clan fields’ pawning and selling had significant differences from the ordinary private fields. This was mainly reflected in two aspects——clan persons only had the right to pawn and sell their rotation years and the clan fields’circulation took the form of pawning or selling generally. The Permanent-Tenancy fields accelerated the clan fields circulation rates. Sixth, the nature of the Permanent-Tenancy. In terms of the ascription of the dual property-right, the property features of the Permanent-Tenancy, and the rent rate of the Permanent-Tenancy fields, the Permanent-Tenancy is a kind of land system that was grasped by ordinary peasants, landlords and tenants enjoyed the land ownership equally and was advantageous to the Permanent-tenants.Six, the paper pointed out that the research on the Permanent-Tenancy lands in Fujian in the Period of Republic of China was important to give some inspiration to the reformation of the agricultural land institution in China at present.更多还原