A Comparative Study On Farmland Policies And The Formation Of Law Of China, Japan And Korea

There is a special way in the legislative process of law similarly in China, Japan and South Korea, that is a large number of policies promoted the legislation and constituted the principles and main contents of law. On the other hand, law made those policies normalized and universal, and transformed them into legal rights and obligations, and let coercive power of the state to ensure the enforcement of those policies.Land is the most important real estate and therefore the legal norms which regulate the contents of land property rights, the way to obtain, manage and exercise those rights are most significant element of property law. The generation and development of real right systems have primarily focused on land rights. China, Japan and South Korea are traditional agricultural countries and the ownership and management of land refer to the vital interests of their farmers. Thus, this thesis choose the field of rural land system, mainly focusing on the history of commercial uses of farmland, through screening and analyzing the relations between land policies and legislations to display how important role that civil policies play in the formation of civil rights and obligations and related legislations in these three countries.This thesis tries to solve problems as follows: how many phases of land reforms did these three countries experience;how did land policies evolve;the way from policies to laws and the reasons of this special way in the formation of civil law in China, Japan and South Korea.The chief part of this thesis is divided into three chapters: the first chapter introduces the relations between the policies of land ownership and the related legislations;the second chapter describes the relations between the policies of land circulation and the related legislations;the third chapter concludes and analyze the reasons why China, Japan and South Korea have this special way in the process of civil legislation.