日治時期臺灣總督府的林野支配與所有權－－以「緣故關係」為中心

本文主要探討臺灣總督府將林野納入支配過程中，以所有權為中心所產生的地權問題以及政府的對應措施。筆者基本上認為：因為清政府的國土經營概念侷限在「開發╱封禁」的簡單態度上。對於可開發地區，即發給墾照允許一般人民積極進行開墾，政府只就開墾完成的土地，區分為田、園兩種地目進行管理。至於未墾地以及封禁地區則未予實際管理，因而也未發展出相對應的地目來。到了日治時期，臺灣總督府試圖將臺灣全土納入控制，已墾地依土地利用型態，沿用適當地目，直接承認人民的業主權；其它的未墾地則統稱為「林野」。依據清代的土地管理，一般人民雖不具有林野的業主權，但在墾照制度下，也取得了一定約合法支配權。對於這種具有一定程度的支配關係、卻又未強大到足以被認定為業主權的林野，總督府特別設計了緣故關係林野制度加以整理。本文的結論是，臺灣總督府在處理林野問題時，基於統治穩定的考量，順應殖民地人民對於業主權的要求，除了不斷調整認定原則、增加統治的柔軟度外，甚至也藉用「善意」的道德性理由，擴大解釋清代以來非法佔墾利用的林野，以期順利完成林野的支配。

This paper investigates the problems emerged from the land ownership and official solution during the time when the Government-General of Taiwan attempted to put the rinya (forest and wild land which were un-registered, whether under reclamation or un-reclaimed) under control. The author considers that the Qing Government held a very simple attitude by limiting the management of territory to merely the idea of 'reclamation' and 'prohibit.' The Qing Government granted reclamation permits, which allowed people to actively cultivate land. The government then classified the developed land into paddy and dry fields so developers could take the land. On the other hand, The Qing Government never minded those un-developed land and prohibited areas. During the Japanese rule, the Government-General of Taiwan tried to put all lands of Taiwan under control. On the one hand, the Government admitted people's rights to use the land according to the types and proper registration. On the other hand, it named the un-reclaimed and un-registered land as rinya. Although under the land management during the Qing Dynasty, they were not allowed to own rinya, people had obtained some kinds of legal rights to use rinya under the reclamation permit system. Since their claims were not legally strong enough to declare their ownership on rinya, the Government-General of Taiwan worked out a unique system called engokanke-rinya (occupation relationship) to classify and arrange these rinya land. In conclusion, under the consideration of maintaining political stability and satisfying people's demand in ownership, the Government-General of Taiwan not only continuously adjusted its principles, trying to make all the rules more flexible, but also used such a moral reason as 'goodwill' to conclude a very generous explanation to those illegal forest land occupants since the Qing times. Through these, the government expected to control over rinya smoothly and overwhelmingly.