论唐代私田置屯的法律限制

发布时间：2018-06-29 04:00

本文选题：唐代屯田 + 私田　；参考：《新疆师范大学学报(哲学社会科学版)》2013年06期

【摘要】：私田是私人享有完整所有权的土地类型,在中国古代具有重要的历史地位。北魏以降,实施均田之制,私田的发展受到法律的诸多限制,但这些限制并没有完全排斥私田的合法地位。唐代是均田制破产、土地私有再次主流化的重要历史时期,也是考察私田法律地位的重要时间节点。唐代屯田与私田的关系,尤其是能否括占私田设置屯田,是考察唐代私田法律地位的一个很好的角度。唐代屯田以荒闲无主之地为主要土地来源,官府通常不得括占百姓私人所有的土地设置屯田。然而唐代屯田实践中,仍存在以私田置屯的例外情形,除官府违法括地外,主要是百姓逃亡、土地抛荒的背景下,官府迫于财政压力设法使地尽其力的结果。唐代律令肯定了私田的合法地位,从官府对私田置屯的态度来看,屯田不得侵害私田、不得括占私田置屯的法律原则在唐代始终得到了坚持。
[Abstract]:Private farmland is a type of land in which private individuals have complete ownership, which played an important historical role in ancient China. In the Northern Wei Dynasty, the system of equalization was implemented, and the development of private fields was restricted by law, but these restrictions did not completely exclude the legal status of private fields. The Tang Dynasty was an important historical period when the land ownership system went bankrupt and the private ownership of land became mainstream again, and it was also an important time node to investigate the legal status of private land. It is a good angle to investigate the legal status of private farmland in Tang Dynasty. In the Tang Dynasty, the main land source was the idle land, and the government was usually not allowed to occupy the private land owned by the people to set up the land. However, in the practice of opening up farmland in the Tang Dynasty, there is still the exception of private farmland, except for the illegal inclusion of land by the government, mainly because of the people fleeing and the land being abandoned. Under the background of land abandonment, the government is forced by financial pressure to try its best to make the land do its best. The law of Tang Dynasty affirmed the legal status of private farmland. From the attitude of the government to the private field, the legal principle of not infringing on the private field, including occupying the private field, was always adhered to in the Tang Dynasty.
【作者单位】：湖北工程学院政法学院;
【分类号】：D929;K242

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