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近年来不断发现的出土文献表明,秦汉时期城市市场中的商业用地有着细密的管理制度,它在划分时按所售商品的价格和种类确定大小,用途相同的土地被集中规划在一处,由管理市场的市亭负责把土地授给个人,受取土地的资格和土地的使用权能也各有明确的规范可循。秦的刑事法律还对侵犯国有商业土地的行为作了专门规制,其原则与《唐律》“盗贸卖公私田”条相类似,而与一般的财产犯罪行为“盗”有明确的区别。出土文献中所见的这些商业用地制度,是当时市场制度的重要组成部分,补充了传世文献记载的缺失。
Unearthed documents discovered in recent years show that the commercial land in the urban market during the Qin and Han dynasties had a detailed management system. When it was divided, the size of the commercial land was determined according to the price and type of the goods sold, and the land with the same use was centrally planned. The municipal pavilion that manages the market is responsible for awarding the land to the individual, and the qualifications for receiving the land and the right to use the land also have clear norms. The criminal law of Qin also made special regulations on the infringement of the state-owned commercial land. The principle is similar to that of the “Tang Law” Clear difference. These commercial land systems, as seen in the unearthed documents, were an important part of the market system at the time, supplementing the missing records of handed down documents.