Study On Banners Land Contract In Qing Dynasty

As a product of super economic compulsion,the relevant contracts have characteristics and connotation beyond the general contract types.Whether the banners land refers to the rent,code and sale in the civil land transaction in the form of passing,pushing and exchange under a special name,or the confusion of the contents of different transaction contracts of the banners land,or the difference between the two owners of the banners land and the southeast region,the research is not sufficient.Most of the previous studies were fixed on the special identity of the banners man and the political color of the banners land,and there was less analysis of the banners land contract from the perspective of legal rights and obligations.The main materials used in this paper are the collection contract document of the Capital Museum（hereinafter referred to as the first Bowen book）and the Manchurian Railway rural survey.Among them,the first Bowen book contains nearly 1000 contracts for banners land transactions from the Kangxi Dynasty to the Xuantong Dynasty,mainly concentrated in the Gyeonggi region.The Manchurian Railway rural survey recorded the investigation report on folk customs and trading habits conducted by Japanese investigators in Shajing village,Shunyi County,Hebei Province in the thirties of the Republic of China.The analysis of the two types of materials can comprehensively analyze the transaction of banners land contract from the static perspective of text contract and the dynamic perspective of villagers’ expression,which confirms each other,and is more helpful to explore the value contained in the historical data of contract.This paper uses the methods of normative analysis and comparative research to try to grasp the types of banners land transactions,as well as the similarities and differences between different types.The text is divided into three parts.The first part analyzes the names of banners land transactions.Previous studies have uniformly divided "Guo","Tui" and "Dui" into "sell".In fact,from the content,special names such as "Guo","Tui" and "Dui" can refer to different types of transactions,including rent,mortgage,mortgage and sell,but the meaning of each special name is not fixed,It does not correspond to different transaction types one by one.At the same time,there is confusion in terms among different types of banners land transactions.Terms referring to different transactions such as "pledge","Redemption","borrowing","rent now" and "selling price" may appear in the same contract.The second part mainly discusses the confusion phenomenon in different contracts and the possible reasons behind it.This paper believes that state control is certainly part of the reason,but the defect of "ownership" in the modern sense of the banners land itself is equally important.The state has the ultimate sense of "ownership",the banners people have the right to collect rent,and the people have the right to cultivate and earn income.The third part studies the phenomenon of one field and two owners on the banners land,mainly the transaction of flower land and tenant land.At the same time,it makes a simple comparison between one field and two masters in the banners land and one field and two masters in the southeast.