北魏 均田制下에 있어서 桑田의 性格에 대한 一考察 : 所有權을 中心으로 = (A) study on the character of the mulberry-field (Sang-tien 桑田) under the equal field system (Chun-tien-chih, 均田制) of the Northern We (北魏) : Certered on the respect of ownership

북위 균전제 아래 상전의 소유권과 매매·관리·상속 성격을 고찰했다.

In this study, this writer makes every effort to clarify the character of Sang-Tien(桑田) under Pei-We(北魏) Chun-Tien-Chih(均田制), laying stress on sale ＆ purchase, management right and succession Right of Sang-Tien(桑田). Therefore, the conclusions on the character of Sang-Tien(桑田) examined in this study can be arranged as follows.

As Sang-Tien(桑田) of Pei-We(北魏) has the Regulations of "(不在還受之限), (桑田?爲世業, 終身不還)", it is the land which can be succeeded and donated to the coming generations, and thus has the succession right, and also Sang-Tien(桑田) is the land sold in the Regulations of "(盈者得賣基盈, 不足者得賣所不足, 不得賣基分, 赤不得過所足)." Therefore, Sang-Tien(桑田) has the heritage, sale and succession right, and has been acknowledged as the private land. Also, even if it has the heritage, sale and succession rights, those rights is much limited from the state, and thus is considered as the imcomplete field land.

However, the sale of Sang-Tien(桑田) can be called as the conditional sale(條件的 賣買) as its ownership is limited within the scope of the giving ＆ receiving amount(授受額 範圍) by the state so as not to occupy over and below the amount of determined part(定分額 以上 과 以下). Therefore, the ownership of land has been hold by the state, and then the occupant of Sang-Tien(桑田) has no decision right to perform the cessation and control of growing crops in the control right of land. Also, if the crops, which intend to be harvested, is not planted within 3 years, the occupant loses the qualification of possession, and then the land is seized to the state.

Accordingly, the control right of land can be known to be in the state. Also, in the succession right of land, remaining mulberry field(剩餘桑田) of its family is considered as "(正田分)" to the person who has the proper labor power and thus receives the land(over 15 years old)(進丁受田者) in the place with a few of land payable to the people(地狹之處), and the state can have the Sang-Tien(桑田) of the person who has no child(無子孫) optionally as the state-owned land, and thus the state is considered to limit the succession right generally.

And, when this writer examines the character of Sang-Tien(桑田) in relation with the opinions of Marxism, the person who has the Sang-Tien(桑田) does not have the right of possession(占有權) on Sang-Tien(桑田), but only property right(所有權), and thus he can't be considered to own Sang-Tien(桑田) privately or completely. Accordingly, Sang-Tien(桑田) can not be called as private land or incomplete private land. Therefore, the sale of Sang-Tien(桑田) is not sale for profit, but sale to keep the balance in the possession of Sang-Tien(桑田). The elements such as the control right and the succession right are added to Sang-Tien(桑田), in order to secure the government by the restriction of people to the land.

Due to these reasons, Sang-Tien(桑田) in the respect of ownership can be considered as the state-owned land.

목차 Ⅰ. 머리말 = 1 Ⅱ. 桑田의 賣買 = 4 Ⅲ. 桑田의 經營權 = 9 Ⅳ. 桑田의 繼承權 = 13 Ⅴ. 맺음말 = 19 參考文獻 = 21 ABSTRACT