日治前期的學租整理與法制化過程
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Date
2010-03-??
Authors
許佩賢
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Publisher
國立臺灣師範大學台灣史研究所
Graduate Institute of Taiwan History
Graduate Institute of Taiwan History
Abstract
日本領臺以後，很快便開始著手調查、整理臺灣各地的地方共有財產，以各種形態存在的學租財產也是其中重要項目之一。本文主要究明日治初期學租財產的整理及法制化的經過，另一方面也指出了在這個過程中，日本政府如何運用國家的力量，將原本應屬於社會的財產，穿上近代法人團體的外衣，使之為國家所用。學租財產的來源要上溯到清代。清朝時期較正式的教育機關當屬府縣儒學及書院。儒學及書院均擁有一些田園財產，稱為學田或書院田，靠著這些田園財產的收入(學田租及書院租)支付學校的必要支出。學田的來源多為地方官辦置，也有由民間捐贈者，而書院田的來源則主要由地方士紳捐贈，也有來自官方沒收來的田園撥給書院者。從一般民泉來看，這些學租財產，特別是屬於書院及學會的財產，長久以來便屬於社會大累;不論是支付學校運作經費，或是提供讀書人讀書或參加科考的資金，基本上都是在地方官紳乃至社會大眾的合意下被使用在教育事業方面。日本領臺以後將清代以來的學回租及書院租車充稱為學租，並將其他教育相關團體(日本稱之為學會)的財產也視為學租，同時開始著手調查這筆多歧的財產的確實內容。隨著土地調查事業的展開，這些屬於學租財產的每一筆土地也要被重新整理、登記。在法制近代化的同時，政府的介入也隨之加強。1898年總督府規定各縣的學租財產分別由各縣政府統一管理; 1901年成立全島單一財團， 1906年則正式成立學租財團。成立法人團體，看來似乎沒有違背清代以來「而土會共有財產」的特質，但是其整個經營管理卻被放在行政體系之下。其後學租財團經費的利用調配雖然原則上仍以教育事業為優先考慮，但是既然不是真正獨立運作的法人，最後還是依總督府自身統治便利的考量來運作。制度化的結果，只是讓國家更有效率的掌控、利用這筆原應由社會合意決定用途的財產。
After taking control of Taiwan, Japan began investigating and organizing the public assets of local society, with educational funds being one important type, This study examines the redeployment and legalization process of educational funds and shows how during this process the Japanese government took advantage ofthe power ofthe state to disguise as "modem corporations" the assets that should have been used for public purposes, and re-appropriate them for national use.The origin of the educational funds can be traced back to the Qing dynasty. Most people felt that these funds, especially those belonging to the Shu-Yuan, should belong to society. Whether they were used to run schools or to provide scholars with book or test expenses, both local officials and the people agreed that educational funds should be directed toward educational purposes. After the Japanese took over, they began investigating these funds, which had been beingput toward a variety of purposes. They began land surveys and required that all parcels of land belonging to the educational funds were to be reorganized and registered. As legal modernization was carried out, government interference increased, and in 1906 the educational fund corporation was founded. This corporation appeared to maintain the principle of reserving funds for public use, as had been done since the Qing dynasty, but in fact it transferred control of the funds to the government. Although in principle the corporation continued to prioritize education in its appropriation of funds, it was no longer independent and therefore operation was for the convenience and benefit of the government. The result of this systematization was to allow the government a greater degree of control over an asset which had originally been agreed to be put toward a specific use by the society.
After taking control of Taiwan, Japan began investigating and organizing the public assets of local society, with educational funds being one important type, This study examines the redeployment and legalization process of educational funds and shows how during this process the Japanese government took advantage ofthe power ofthe state to disguise as "modem corporations" the assets that should have been used for public purposes, and re-appropriate them for national use.The origin of the educational funds can be traced back to the Qing dynasty. Most people felt that these funds, especially those belonging to the Shu-Yuan, should belong to society. Whether they were used to run schools or to provide scholars with book or test expenses, both local officials and the people agreed that educational funds should be directed toward educational purposes. After the Japanese took over, they began investigating these funds, which had been beingput toward a variety of purposes. They began land surveys and required that all parcels of land belonging to the educational funds were to be reorganized and registered. As legal modernization was carried out, government interference increased, and in 1906 the educational fund corporation was founded. This corporation appeared to maintain the principle of reserving funds for public use, as had been done since the Qing dynasty, but in fact it transferred control of the funds to the government. Although in principle the corporation continued to prioritize education in its appropriation of funds, it was no longer independent and therefore operation was for the convenience and benefit of the government. The result of this systematization was to allow the government a greater degree of control over an asset which had originally been agreed to be put toward a specific use by the society.