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中国传统社会中,广泛分布于城乡的寺庙在地方社会公共生活中发挥着重要的功能,而地方人士捐助的资产则是维系寺庙运作的关键之一。本文讨论清代以来这些捐助而来的寺庙财产的权利是如何安排的,以及国家的相关态度。佛教戒律对寺庙产权结构有一种理想设计。而在现实中,施主往往通过与住持僧人私立契约对产权进行再界定。清政府除了强调寺庙财产归寺庙并且不容转移外,绝大多数时候并不介入其他层面的权利界定,而是默认民间习惯。不过在清末新政之后,官方态度发生转变,国家开始主动构建寺庙的产权体系,并且在民初初步完成了寺庙产权的制度化。
In traditional Chinese society, temples widely distributed in urban and rural areas play an important role in public life in local communities, while the assets donated by local people are one of the keys to maintaining the operation of temples. This article discusses how the rights of these donated temple properties have been arranged since the Qing Dynasty, as well as the state’s attitude. Buddhist precepts have an ideal design of temple property rights structure. In reality, however, the donor often redefined property rights through private contracts with abbot monks. In addition to stressing that the temple property should not be transferred to the temple, most of the time, the Qing government did not intervene in defining the rights at other levels, but acquiesced in folk custom. However, after the end of the new policy in the late Qing Dynasty, the official attitude changed. The state began to take the initiative to construct the property rights system of the temple, and initially completed the institutionalization of temple property rights in the early Republican China.