17世纪之后,徽州出现了田面权分化,并且逐渐形成了活跃的田面权交易市场。伴随这一过程的是,徽州各地形成了专用于田面权交易的契约形式。但是,契约形式的形成、发展,虽然以土地市场的发展为基础,却并不与土地市场同步。以歙县为例,虽然当地16世纪末已经出现田面权交易,但直到17世纪中后期才形成稳定的专用契约形式。此后,当地存在退型、顶型、交业、卖小买等多种田面权买卖契约形式。通过对《中国地方历史文献数据库》中收录歙县契约文书检索、统计后发现,田面权买卖在19世纪30年代最活跃,经过太平天国战乱后,活跃度逐渐下降。至迟到18世纪40年代,退型契约已成为歙县田面权买卖最重要的契约形式;同时,退型契约应用于完整地权交易的情况逐渐增多,显示出这种契约的使用范围有扩大的趋势。契约形式反映了乡村土地市场中的权利观念,这种权利观念是基于一定的经济秩序与伦理形成的,这是迄今乡村地权结构研究中尚未充分予以重视的问题。 After the 17th century, there was a differentiation of the tenony in Huizhou and gradually formed an active market for the tenony. Accompanying this process was the formation of a contractual form dedicated to the trading of surface rights across Huizhou. However, the formation and development of the contractual form, though based on the development of the land market, are not synchronized with the land market. Take Pixian County as an example. Although there was already a field transaction of land rights in the late 16th century, it was not until the late 17th century that a stable form of special contract was formed. Since then, the existence of the retreat, top-type, pay, sell small buy and other forms of trading in terrain contracts. Through the search and statistics of Juxian contract documents included in the “China Local Historical Documents Database”, it was found that the sale and purchase of land rights was the most active in the 1830s. After the Taiping Tianguo War, the activity gradually declined. By the late 1840s, the contract of withdrawal had become the most important form of contractual contract for the sale and purchase of sundial in Pixian County. At the same time, the application of the contract of withdrawal in the case of complete title transaction increased gradually, which indicated that the scope of application of such contract was expanded trend. The form of contract reflects the concept of rights in the rural land market. This notion of rights is based on a certain economic order and ethics, which is yet to be given enough attention in the study of the structure of land ownership in rural areas.