臺灣日治時代租佃制度的運行

The Operation ofTaiwan's Land Tenure System During the Japanese Colonial Period

研究日治時代租佃制度的論著多強調當時的制度存有不少不良的慣行。其中最常為各研究提及的不良慣行是契約的締結多採用口頭方式；契約的約定事項少且內容簡略；租期不確定或太短；以及地租太高（茂野信一、林朝卿，1933；陳逢源，1942；王益滔，1952a，1952ｂ，1952c）。論著認為這些慣行容易引發糾紛，並使佃農沒有能力也缺乏意願進行土地的改良，導致佃農採用掠奪式的農場經營，有礙於農業的發展。

The operation of Taiwan's land tenure system during the Japanese colonial period depended on contracts, customs, a guarantee system, and an arbitration system. Contracts and customs regulated the relationship of landlords and tenants, while the guarantee and arbitration systems were for making contracts or obligations executed. These four factors have different natures, and thus can perform different functions. Before the mid-1920s, when land tenure disputes were not frequently seen, these four factors operated in the following ways. First, customs played the main role in regulation. Second, most of the tenants and landlords constructed their relationship through oral contracts. Third, when tenants failed to pay rents, most landlords in central and northern Taiwan used key-money as a guarantee of rents. Finally, small disputes were cleared up by the services of temporary rural committees, very big disputes were resolved by civil procedures, and other disputes were settled by the mediation services offered by local governments. From the late 1920s on as disputes became widespread, written contracts, key-money, and guarantors played more important roles. Moreover, the arbitration service provided by the land tenure improvement parties became a very important new force in this era. The main conclusion is that the ability of Taiwanese to associate each force of the land tenure system with different ways in different conditions made the system operate smoothly.