ABSTRACT

This chapter focuses on the effect of Chinese customary land practice on aboriginal land tenure in Taiwan. The chapter reinterprets some land deeds and analyses the legal nature of the major land transaction forms. In particular, this chapter discusses the legal nature of the “large rent” (dazu 大租) relationship and the legal status of yezhu (業主 “proprietary owner”); the evolution of the land transaction form of pu (贌 an evolving concept of lease or tenancy) and the emergence of aboriginal large rent; the lack of a clear distinction between the practices pu, dian (典 pledge) and sale (mai 賣) and the flexible use of these forms of transaction between settlers and aborigines. The relationship between land registration and land ownership in Qing Taiwan is evaluated, and the consequence of private land transactions for the aborigines is examined. A conclusion is drawn that the slow penetration of Chinese customary practice, rather than government action, changed Taiwan’s aboriginal land tenure.