| 中文摘要 |
本文旨在探討大肚山坪頂臺地原住民平埔族土地所有權之流動過程，並從現存的清朝土地買賣古契約中分析，漢人移墾大肚山時的土地開發情形。經歸納，當時清政府視臺灣為「化外之地」，政治體制鬆弛，天高皇帝遠，政令難以宣達，民間社會幾乎呈現無政府狀態。原屬拍瀑拉族（Papora）活動的大肚山臺地地權，由於明、清軍隊征戰而被迫遷離放棄外，大部份開發之土地係經漢人上山移墾，或贌（承包制度）或占或買斷社地之結果。其中，除了少部份漢人以不法手段獲取土地外，更有些漢人因娶得番女而繼承了大片土地，導致平埔族社域不斷限縮和流失，最後退居深山。從古契約書研究發現，縱然當時清政府的國家強制力尚未深入民間，但民間之土地交易仍亂中有序，其土地之移轉雖未經地政機關之精密儀器鑑界測量和登記，卻能保持市場交易安全，與現今黑金政客利用政府公信力介入土地開發炒作相互對照，誠屬難能可貴，值得探討。
This paper aims to discuss the process of the land ownership of the Pingpu people in Pingdingtai area of Dadu mountain, and analyze the land contract in the Qing Dynasty from the existing land contract. After the induction, when the Qing government as Taiwan as ＂outside the place＂, the political system is loosened, the emperor is far from high, the government is difficult to declare, civil society is almost anarchy. The original Dapu mountain platform land, which was originally the Papora, was forced to relinquish and abandon due to the expeditions of the Ming and Qing armies. Most of the developed land was reclaimed by the Han Chinese up to the mountain or contracted) Or to buy or buy community land of the results. Among them, in addition to a small number of Han Chinese illegal means to obtain land, but also some Han Chinese and married women and inherited large tracts of land, resulting in Pingpu community continue to limit shrinkage and loss, and finally retreated to the mountains. From the study of the ancient contract, it was found that, even though the state coercive force of the Qing government had not yet entered the private sector, the land transaction was still in disorder, and the land transfer was not measured and registered by the precision instruments of the local government. Can maintain the security of market transactions, and today's black gold politicians use the government's credibility to intervene in land development hype mutual control, is an invaluable, worthy of discussion. |
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