The Legislation About Land Expropriation Of Najing Nationalist Government

The research object of the paper is the legislation about land expropriation in the period of Najing Nationalist Government. The full text is roughly divided into five parts.The forward describes the writing purpose and themes,summarizes the research status and roughly analysis writing features and research methods about the paper.The second chapter introduces the legislation survey about land expropriation. During the political tutelage stage of Nanjing National Government of Kuomingtang, kuomintang national congress occupies organization of supreme statepower position. KMT Political Committee can unity for "all the legal document."Nanjing National Government has the right of legislation partly. The Legislation-House is the real legislation organ. During the process of making land laws, Executive Committee of KMT,Permanent Committee of KMT,KMT Political Committee and Nanjing National Government respectively play different roles,it aims to show the legal construction during the political tutelage stage of Nanjing National Government of Kuomingtang.The sources of law on land expropriation have policy law and state law. Nanjing National Government bulids relatively complete legal system.The third chapter covers contents and characteristics of land expropriation system.The system of land expropriation includes the purpose, the process, the compensation and legal relief of land expropriation. Nanjing National Government adopts the "enumerated plus summarized" type of legislative measures on public purpose's scope of land expropriation system,and continuously renows the "public interest" aspects of now content with the developing society. From the land Acquisition Act to Land Law,land expropriation proceedings have gone through the process of continuous improvement. Republic of China government adheres to the law of compensation,the scope of compensation gradually expanding,the mode of compensation becoming more flexible, the standard of compensation becoming relatively fair and reasonable, and settlement of disputes on compensation paying great attention to safeguarding the legitimate rights and interests of the expropried.The forth chapter introduces the sources of law on the legislation about land expropriation. Frist,it describes the theoretical basis of land expropriation. The theory of socialization of private law is widely spreaded during Republic of China. Affected this,the land ownership has many restrictions. Land expropriation towards the land ownership has an external limits, and this restriction is a violation or deprivation of legal ownership.The power exercise has a very strict legal requriements. Second,it covers the policy basis of land expropriation. National Government in all land legislation are closely around the land policy of equalization of land ownership.The impact on contents of land expropriation by the "equalization of land ownership" is clear. Third, it introduces the economic causes of land expropriation.The establishment of private ownership of land brings the land acquisition and land concentration.Thus is the poverty root of the peasants."Land to the tiller"according to the requirements of farmers is real public interest.Moreover, the city's municipal building within the large-scale produces a strong demand for land.Thus, the social conflicts between private ownership of land and public interest has become the economic motive on land expropriation legislation during Republic of China government.The fifth chapter introduces certain practical meaning of land expropriation system. The legislation about land expropriation in the period of Najing Nationalist Government is not only still used in Taiwan now, but also it has certain practical meaning on providing experience in perfecting and developing the system of land expropriation in our country.