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本文首次利用福建各县市的永佃制档案,以国家和福建地方的互动为中心,对清至新中国建立初期政府永佃权政策的演变进行了研究。清前中期地方政府认为永佃制的存在产生诸多弊端而试图消除之,但因为永佃习俗“牢不可破”而未能成行;清末民国中央政府顺应民情对永佃权进行立法,但又没有照单全收永佃各项权利;法定“永佃权”和民间“田皮权”在名称及权利上的不一致,使得地方政府历经了一个过程才认清两者之间的关系;面对各地永佃权的盛行,共产党在减租政策中对永佃权的界定契合了民间习俗,土改中以承认农民永佃权为基础处理土地问题的政策在地方得到了贯彻实施。政府的永佃权政策在国家和地方的互动中逐步走向规范,而这一规范过程表明,既承认永佃权是对土地所有权的分割,同时吸取习惯法合理性的永佃权政策才是完善的。
This paper, for the first time, makes use of the permanent tenancy system of counties and cities in Fujian Province and focuses on the interaction between the state and Fujian Province to study the evolution of the policy of permanent government of the government during the period from the Qing Dynasty to the new China. In the middle of Qing Dynasty, the local government believed that the existence of the permanent tenancy system had many drawbacks and tried to eliminate it. However, due to the permanent custom “indestructible”, the central government failed to make the right to permanent tenancy in the late Qing Dynasty. However, The differences between the statutory “permanent tenant ” and the private “Tian Piquan ” in name and right make the local government go through a process to understand the relationship between the two. Faced with the prevalence of the power of permanent tenancy in various parts of the country, the definition of the permanent tenancy by the Communist Party in the policy of reducing rent conformed to folk customs. The policy of dealing with the issue of land based on the recognition of peasants' permanent tenant rights was implemented in place. The government's permanent and tenant rights policies gradually move toward norms in the interaction between the state and local governments. This process of standardization shows that it is permissible to recognize that the permanent tenancy right is the division of land ownership while the permanent tenant rights policy, which absorbs the legitimacy of customary law, is perfected.