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公田和私田是中国上古土地权利开始分化的起点。在村社共同体瓦解,土地从公有向私有的转化过程中,私人(以家庭为单位)需要面对发展壮大的国家。国家不但僭越了社会共同体所享有的“公田”收入并将其转化为征税权,而且不断的将征税权扩展到所有的土地。对于国家而言,土地制度的核心不是土地的归属,而是土地的经营与赋税征收,这使得中国古代,土地私有权发展的空间极其有限。
Public land and private land are the starting points for the differentiation of ancient Chinese land rights. As the village community collapses and the land is transformed from the public to the private, private (family-based) units need to face the country that has grown stronger. The state has not only overshadowed the “public land” income enjoyed by the social community and transformed it into taxation power, but also continuously extended the taxing power to all the land. For the country, the core of the land system is not the ownership of land but the operation and taxation of land, which makes the space for the development of private ownership of land in ancient China extremely limited.