从敦煌文书看唐五代私有土地的发展途径

唐中叶以后，随着均田制的瓦解，地主私有土地急剧发展，其发展途径主要是请射和买卖。请射的土地主要是绝户地、不办承料户地和官荒地。这时土地买卖已排除了交易双方之外的各种干预，不再受国家的制约，也不需要官府审核和裁决。买卖双方完全可以根据个人意志自由买卖土地，确认私契的决定作用。私契的公开和合法，正是土地私有化的反映。不仅如此，晚唐五代归义军时期，卖地契有关双方权利义务的文本形式，已和卖宅舍契、卖牛契的形式一样，表明此时土地已和宅舍、牛一样，成为人户的私有财产，土地拥有者可以根据自己的意志支配土地。

The Developing Style of the Private Land in the Tang and Five Dynasties from the Unearthed Instruments in Dunhuang

After the middle of Tang dynasty,when the land equalization policy was collapsing,the private lands increased quickly. The mainstream were requestion and marketing. The first style mostly included the unowner's land,the unratepaying land and the wasteland belonged to the state. The business of the land has eliminated all of the confines to the dealers, the government lost the power to limit and audit and verdict them. The dealers could bargain the land freely, signed the contract. It's the reflection that the private land had been legal. However, late Tang and Five dynasties and the period of the Guiyijun,the land contracts contained the rights to both of the dealers,had the same effects like the house and cattle contracts. Some lands had belonged to the private, the private could treat the land in their purpose.