On The Land Law System From The Late Stage Of Qing Dynasty To The Republic Of China

The land problem is a hotspot of recent reserch and study. And it is also a realistic problem which is desiderated to be resolved. To discuss the devolepment of the land laws system problem of the mordern China in the legal view, will provide a reference from the history, and expand the way to desolve our realistic problems. Namely this dissertation is to probe into the variance and effcetiveness of the land laws system from the late stage of Qing dynasty to the Republic of China and to find intrinstic relation among the social fators which infect the variety of the land laws, focusing on the variance of the land rights' system, by adopting astudy method of law-sociology assisted with historical analysis, comparative analysis and criterion analysis.This dissertation is departed into five chapters apart from the introduction.In the introduction part of this dissertation I will explain the origin, present the research fruit coming into being now, introducing the date, bring forward the research aim, and explaining the scope of the space time of my research.ChapterⅠ, the summary of the land rights system in traditional China and Occident countries. In this chapter I will mainly introduce the framework of land rights system in China and Occident countries, emphasizing the structure of land rights and the characteristics of land ownership system of tradional China, paving ways for discussing in later part.ChapterⅡ, the commence and tiny change in the late stage of Qing dynasty. In this chapter I will introduce the evolvement of land thought of mordern China, the absorption of Occident land laws from west countries. And I also will introduce the change of China's own land laws system and the actual effectional in its operational course.ChapterⅢ, the upheaval and passing-down of the land laws system in Beijing government of the republic of China. In this chapter I will show the complex of land thought schools and the introduction of land laws from Occident countries in the Beijing government of the republic of China. And I will research the enormous changes and the characters about the form and the content of land laws in that time. To find the inherent matter of the changes, I also will rewiew the actual effectiveness of the land rights system and the attitude and action of the templars and the politicians at that time.ChapterⅣ, the establishment and spallation of the land laws system in Nanjing government of the republic of China. In this chapter I will introduce the contest forcus on land problem among the CCP, Kuomintang and other parties. In this phase, the land law system had been systemized and codified formally, privatization and socialization was interlaced in the content of land laws. I will review the effectioness of the land law and open out the inherent causes of the land rights system by analyzing the attitude and action of the templars and the politicians at that time.ChapterⅤ, conclusion. This part is the sum of the dissertation. I will sum up the trend of the land laws system from the late stage of Qing dynasty to the Republic of China, probing the interaction between the mordernlaztion of the land laws system and the social complications in mordern China. And at last I will point out that althogh the enormous avariance had occurred in the formation and content of mordern land laws,but the kernel problems——the people's livelihood, equality and efficiency——had none been settled. And these were the radical reason that lead thesuccessive collapse of Qing dynaty, the Beijing government and the Nanjing government of the republic of China.