论唐五代逃田产权制度变迁

唐朝、五代一直存在严重的逃户问题,由此带来大量的逃田产权有待政府处理。唐五代逃田产权制度变迁的特点是:由于预期的激励机制收效不大,法令对逃户的土地所有权的保护趋于削弱;出于保障国家财政的收益权考虑,法令逐渐加强对经营逃田者的使用权和收益权的保护;地方政府负有检校与招佃逃田、收租抵税、代管逃户部分收益等产权管理职责;民间一直存在逃户的亲邻私自处理逃田产权的非法行为,这是与地方官员的赋税"摊逃"互为因果的经济习俗。

The Changes of Property Right System of the Lands Belonging to the Escaped Families during the Tang and the Five Dynasties

The governments of the Tang and the Five Dynasties had to deal with a large number of properties of those deserted lands originating from the problem of escaped families. The changes of property right system had the following characteristics. The protection for ownership of the land by the escaped families tended to be weakened, because the expected stimulant system was not effective. In order to ensure government revenue, the law increasingly strengthened the protection for those who managed the deserted lands and kept their managing right and profitability. The local governments were responsible in property right management, including collecting exact information of deserted lands and leasing them to others, imposing tax on those deserted lands and taking charge of the profits once belonging to the escaped families. The private disposition of the lands by the relatives and neighbors of the escaped families was a long-standing illegal phenomenon, however, it was an economical convention correlated to the policy of local officials to pay tax for the escaped families.