王朝国家体制下における権門間相論裁定手続について <論説>

A Study of the Legal Procedure of the Land Troubles between Kenmons (権門) in Ocho-Kokka (王朝国家) System <Article>

下向井 龍彦

史学研究

The Review of the Study of History : Shigaku Kenkyu

[PISSN] 0386-9342

[NCID] AN00100206

The purpose of this study is to reconstruct the legal procedure of the land troubles between Kenmons, which I think belongs to one of the most basic works to solve the characteristics of Ocho-Kokka.

In the first stage of Ocho-Kokka, Kokuga (国衙) tried troubles through the work of checking up Kugen (公験) which the parties concerned exhibited and Kokuzu (国図) which is a land resister. This procedure corresponds to the Kokuga's power of controling Shoen (荘園), which is remarkably found in Menjoryodensei (免除領田制).

In the lattar stage of Ocho-Kokka, Kokuga lost the trial power over land troubles. Instead of them, Dajokan (太政官)--mainly Jin-no-sadame (陣定) and Benkan (弁官)--came to take the trial power over land troubles. The decisions about the troubles between Kenmons which increased suddenly in this period, became the grounds for the teritorial dominion of Shoen-Ryoshzi (荘園領主), and played a part of promoting the development of Shoen-Koryosei (荘園公領制) in the middle age.

日本史 [ 210 ]

日本語

広島史学研究会

[ISSN] 0386-9342

[NCID] AN00100206