近代天津会馆房地契约与诉讼习惯研究

近代天津各会馆因房地产交易而订立的种类多样的契约较具典型意义,显示了不同区域会馆土地买卖的状况。清代至民国,天津会馆房地交易的契约形式相对稳定,使得民间契约、习惯和国家法律之间并未产生很大的冲突。在近代天津解纷机制的实践中,官方与商民形成了一个相互配合支持的多层次的调解模式。尽管民间习惯具有极为重要的地位和作用,但在国家立法中,周密的法律规定和严格的执法方式,使国家法规与民间习惯的距离愈来愈大。这种状况直至民国终结都没有得到根本性的改变。

A Study on the Real Estate Contracts of Native Place Associations and the Customs of Law Suiting in Modern Tianjin

The native place associations in modern period of Tianjin made contracts of various kinds for real estate.These contracts are very representative of the different ways land purchasing business was conducted,based on the customs in their own place of origin.From the late Qing and the Republican period,the forms of real estate contract of native place associations in Tianjin were relatively consistent,and without much change.This enabled those engaged in practice of civil contracts and local customs to avoid large-scale conflict with the state legal system.Where disputes arose,these were dealt with through a layered mediation system made up of officials,merchants and people supporting and working with each other.This continued throughout the modern period in Tianjin.Although these civil customs were very important and useful,the relationship between civil customs and the state legal system changed after the Sino-Japanese War in 1945.Due to much careful and thorough law-making by the state,and strict enforcement,the distance between the state law and civil customs gradually became larger.This situation was not fundamentally solved before the end of the Republican period.