| 摘要: | 摘要
本文探討明代房產交易的相關規定與實況。在規定方面，觀察與房屋買賣、房屋建造規制的律文與禁令之前，先透過明初執政者頒布的刑法與詔令，掌握其施政方針及其對民用規定之影響，進而理出房產政策的立法過程。再了解典型與非法之田宅交易所制訂的規定與罰則，及蓋造房屋時須符合的建制。
在實況方面，依據上述規定，宗室、封爵與官員通常透過向朝廷上奏取得官給房屋，並有擅造房屋與強佔兩大類非法取得房屋之手段，文中列舉事例，並按處罰繳回不法所得或產業充公，接著觀察其房屋的建制是否僭越前述的舊制或律文，並由部院、官員等舉發其違例事件，執政者觀其行為對社會風氣產生之影響，整飭治罪並重申祖制規訓。因此可知無論是房屋的交易或建造，民間早已出現違背當初立法精神之案例，且很難由現有律文杜絕。
接著由譜牒、小說等資料深入了解交易緣由種類與方法。其緣由通常出於日用匱乏，種類有買賣、承繼、租賃、典當等；方法可以是族內交易，亦可自行貼告示或由鄰里傳遞交易訊息，並顯露第三方協助簽訂契約的社會習慣，以及可能出現強佔、盜賣或投獻等的違法行為與糾紛。由此將範圍設定在經濟發展的江南地區，從方志觀察該地主要的房屋買交易紀錄。最後蒐集分析明萬曆一朝徽州地區房地交易之契約文書，以買賣與屋地屬性觀察明代產業標的之基本資訊、房地交易之過程及家族的角色，而前述出現的相關糾紛也可在契約中窺見，一筆筆呈現最真實的交易實況。
;Abstract
This study explores the relevant regulations and realities of real estate transactions during the Ming Dynasty. Regarding regulations, it first examines the criminal laws and imperial edicts issued by the early Ming rulers to grasp their governing principles and the impact of their regulations on the people. This provides context for understanding the legislative process behind real estate policies. It then looks at the regulations and penalties set for typical and illegal land/property transactions, as well as the building codes that had to be followed for constructing houses.
In terms of realities, based on the aforementioned regulations, imperial kinsmen, nobility, and officials usually obtained official residences by memorializing to the court. There were two main illegal means of acquiring housing: unauthorized construction and forcible occupation. The text lists examples of these, noting that offenders had to return illegal gains or have their property confiscated. It observes whether their housing constructions violated the old systems or legal codes, with government agencies and officials reporting such violations. The rulers, seeing the impact on social morals, would rectify and punish accordingly while reiterating ancestral regulations. Thus, for both real estate transactions and construction, there were already many cases violating the original legislative intent that could not be fully prevented by existing laws.
The study then draws on genealogies, novels and other sources to gain deeper insight into the causes, types and methods of transactions. Common causes were daily needs and poverty. Transaction types included buying/selling, inheritance, renting, pawning etc. Methods involved transactions within clans, posting public notices, spreading word through neighbors, or using third-party brokers to draw up contracts - illegal acts like forcible occupation, theft/fraud, or property abandonment could also occur resulting in disputes. Focusing on the economically developed Jiangnan region, it examines major real estate transaction records in local gazetteers. Finally, it analyzes real estate contract documents from Huizhou during the Wanli reign, observing basic property information, transaction processes, family roles etc. The aforementioned disputes are also visible in the contracts, presenting the most realistic transactional realities. |
