熟番地權的「消滅」：岸裡社平埔族大小租業的流失與結束

Abolition of Plain Aborigine Land Rights: Dissolution and Termination of Anli Tribe's Large-Rents and Small-Rents

本文以岸裡社作為案例，探討自清末劉銘傳清賦（1886－1889）撤除對番租的特惠保護以來，熟番地權最後快速消失的諸種途徑。日治初進行土地調查（1898－1905）時，由於把岸裡社平埔族地權一概查定為大租權，引發層出不窮的抗議、申訴與訴訟，導致土地調查局進一步深入調查，細分出大、小租性質的番租，並促成番漢雙方和解買銷番小租。該調查過程中所經歷的討論與爭辯以及累積下來的地籍資料，不僅有助於土地調查局辨明岸裡地域平埔族大、小租地權的原始目的，也可以幫忙我們辨識出番租流失與結束的諸種不同途徑，乃至其各別的數額與比例。此外，由於買銷番小租時採取的是和解協商原則，由番漢雙方共同議定所屬的類別以及相應的交易價格，我們還得以藉由協定（「盟約條款」）內對各種類型番小租的描述，回溯說明岸裡地域番漢間約定俗成的土地慣行，並進一步與既存上下手地契交互比對印證，理出清代番漢間土地相關之租佃安排、典押以及買賣的諸種形式。

According to the case study of An-li tribe, this article explores the abolition of plain aborigine land rights following the lift of favorable protection by Liu Ming-chuan's land tax reform in late Qing Taiwan (1886-1889). Adopting Liu's verdict on the land right dispute, the land cadastral survey (1898-1905) conducted soon after the Japanese colonial rule classified various forms of aborigine land rights as big-rent, a residual land right scheduled to be abolished. Extensive protests, appeals, and law sues for rectification led to an investigation and subsequent accommodation toward the existing aborigine smallrent land right. However, instead of recognizing the aborigine small-rent land right as the legal land ownership as required by the land act, the colonial government pursued reconciliation between aborigine small-rent owners and their Han tenants. Both sides eventually settled for a buying-off of aborigine small-rents at mutually agreed prices according to local customs. The documents and land cadastral data compiled by the Land Investigation Bureau as a consequence of the investigation and negotiation served not only the original purpose of distinguishing between the aborigine big- and small-rents, but also helped to identify the different ways through which aborigine land rights terminated and their respective amounts of land involved. The detailed information makes possible the construction of the most complete scheme by far depicting the distribution of aborigine big- and small-rents as well as the process of their dissolution and termination. In addition, the reconciliation in 1903 reached a buying-off agreement that distinguished various types of aborigine small-rent arrangement and the respective price-setting mechanisms in their sale. Tracing the terms involved in the sale as well as the contents of extant land deals, the author depicts in full the customary small-rent land practices between aborigines and Hans in terms of tenancy, pawn (tai-dian), sale with recourse (huo-mai), and sale without recourse (jue-mai).