Discussion On The Pros And Cons Of The Republic Of The Land Law

After "Xinhai Revolution", the bourgeois relolutionaries, under SunZhongshan, built the first bourgeois government in China. At that time, thenew government faced serious social problems. Some revolutionariesfocused on how to settle the "problems of lands", in which Sun Zhongshan'sthoughts is the most systematic. The problem of land is the most importantpart in "of the people" of his thoughts "of the people, by the people, for thepeople". He propoosed "equalization of landowership" for the first time. Asthe development of bourgeois revolutionary in China, Mr. Sun's thoughtswere gradually accepted by the people and finally were regarded as thedirect thoughts of land legislative and judicial in the Guomindang' regency.Governing by the Northern Warlords, the problem of land was in a worsesituation. The lands were collected by minor lords, and agriculture becameeven backward. The Baiyang Government ever did lots of practices inlegislative and judicial in the problem of lands which provided someexperiences for the Nanjing Republic of China. Though wars threatening thegovernment, Nanjing Republic of China (1927-1937) built a completely lawsystems in a relatively stable political situations. But the problems of lands,still, are not settled. Otherwise, it gradually changed from economic problemto a political problem. As a result, the problem of lands was not improved bythe laws, instead it set back the progress in the worst situation since the"Republic of China" was built.The land laws of the Nanjing People's Government mostly werepositive, but the failure of the legislative and judicial was not expected byGuomindang. Jiang Jieshi had to commit that the most important failure ofGuomindang is the failure of lands which made them lost the support ofpeasants which is 80% in China's population.The research to problem of land in the period of Republic of China isfocused in academic world. So far, lots of articles are written about it whichcan be devided into three levels: Firstly, reveal the reasons throughcontrasting the different ways to the lands between the People's Republic of China and Republic China. Secondly, analysis the social effects that theperiod of Republic China or the land law made. Thirdly, show the opinionsthrough contrasting the land reform in Taiwan and The Mainland. Differentfrom others, the paper relates the success and failure of Republic China'sland law from legislative and judicial.The paper focuses on the specific cases and land law in the period ofRepublic China. The author used regular analysis method and connectedtheories and judicial practices. The two methods connected closely. On theone hand, the former, on the research of specific land law, supply a researchroad of the latter so that the research on the surface of the latter is avoided.On the other hand, the research method connecting the law and judicialpractice can make us observe the legislative background and the integrationbetween law and social behind the rigid law items. The paper emphasizes onthe land law in the whole period Republic China.The whole paper is divided into four parts:The first chapter relates the tenancy in Republic China though thespecific tree cases. In the chapter, the author briefly analyzes two specificcases and shows the aim of the paper.In chapter two, the author relates Sun Zhongshan's thoughts areprimary in the whole period of Republic China. His thoughts of"equalization of landownership" and "peasant has his own lands" are notonly promoted by the Republic China government, but made great effects onthe other political forces. Hu Hanmin, as the first President of LegislativeYuan, further promoted these thoughts. At last, Jiang Jieshi centraled thestate power and this also affected his land legislative and judicial policy.Chapter three is the summary an analysis of Republic China's land law.This chapter is divided into two parts. In the first parts, the author relates theland legislative in Republic China and introduces several important landlegislatives background and contents, the author analysis of the landlegislative in Republic China, it is the conclusion that there are wellexperiences and bad experiences in the land legislative in Republic China.Chapter three is the summary an analysis of judiciary practice of Republic China's land law, This chapter is divided into there parts. In thefirst two parts, the author relates the judiciary practice of land legislative inRepublic China and introduce the different situation of judiciary practice ofland legislative in Republic China in deferent period. Through thecontrasting, we can see that the land law in Republic China made the landproblem in a worse situation. In the third part, the author shows that it wasfor the governors' weakness that Guomindang failed in the land reforms.