Land Ownership Of The Nanjing Nationalist Government

The article discusses the Republic Of China during Nanjing government land ownership. Land owernship is the core of real property, and also important part of land form by Nanjing Nationalist Government. The design of the system of land ownership during Nanjing government, on the one hand regarded Sun Yat-sen's"equalization of land rights"and"land to the tiller"as the theoretical guidance, on the other hand, carried on the traditional social system of dual land ownership patterns. Under the thoughts of socialization of law which come from western world, even though"Republic of China Civil Code"and"Land Law"in recognition of land are privately owned, but the private land ownership has been widly restricted."Limit"becomes a prominent feature of private land ownership. From 1930, the"Chinese Civil Law"promulgated, to two land law developed in 1930 and 1946, to the"Constitution of the Republic of China"finally promulgated in 1946, the legal system of land ownership can be described as close to perfect. Observing this period, but land ownership system practise in society, nobody can feel optimistic. Legal transplantation hasn't be the guidelines of people because of and the maturity of the text.But in practice, customary law exclused a state of civil law, the modernization of the legal road was very difficult.The contents of this article is divided into five parts. The first section provides a brief analysis of the background of land ownership during the Nanjing Nationalist Government. The second part describes ideology and system of land legislation during the Nanjing Nationalist Government. The third part is the key of the full text, the land ownership system during the Nanjing government. The fourth part is full of difficulties, focused on the actual state of social operation. The final chapter is the conclusion. The design of the system of land ownership during Nanjing Government, is an extension of the traditional double land ownership in the history. Only in the logic of dual land ownership can understand the restrictions of Nanjing government. Meanwhile, the restrictions on private land ownership has led to the sacrifice of private property rights and individual freedoms, making the rights of the enlightenmentis still has a long way to go. At the Moment, we are still faced with the historical responsibility to protect private property rights.