| China is a predominantly agricultural country, and the land issue is the core of the problem, as Mr. Fan Wenlan, said:"The land problem is the key to the three thousand years of Chinese history. The land problem is a vast subject, and the exploration of this issue has very important significance, whether from the angle of historical research or reality research. Land disputes of Shanxi High Court during Republic of China is more prominent, Otherwise our legal system is more perfect and the civil litigation system has a high level in modern China as a result of absorbing the fruits of development at home and abroad. Therefore, according to the research of Shanxi High Court land case, we can not only have a comprehensive understanding of the circumstances of land disputes case at that time, but also an overall understanding of the Shanxi High Court civil trial of Republic of China, which contributes to the contemporary land problems with its history experience and provides new ideas for our civil litigation system renovation.This paper, according to the relevant laws of Republic of China, with information of Shanxi Archives, on the basis of previous studies, focusing on the land cases research systematicly analyzes Shanxi High Court trial of land cases during the Republic of China, hoping to make more in-depth study of the justice system and civil litigation during the Republic, system starting with this particular issue, In discussion, the article takes the case analysis, comparative analysis and statistical analysis together, hoping to make the discourse more vivid and convincing. The paper is divided into five sections for discussion as follows:The first part is an overview of the Shanxi High Court land case, sorting civil land cases of Shanxi High Court during Republic of China out to be8kinds. Through level-by-list the title, type, time, and court trial of the44cases excerpt, the author believes that the land dispute occurs mainly in rural areas, a society everyone familiar with, majority of the parties to the relationship are adjacent village members, and the lawyer system was underdeveloped, a lawyer is less involved in a case. So Shanxi High Court formed a collegiate bench to hear cases.The second part is proceedings of the Shanxi High Court land case trial. The article analyzes from two aspects of the trial proceedings of first instance and second instance, and in which respectively discusses vertically all trial procedures necessary for land cases trial including admissibility of the case, reviewing, referees and other aspects. The author believes that Shanxi High Court during Republic of China fairly and timely resolves land disputes, in accordance with strict judicial proceedings, with full respect for the wishes of the parties, protecting the legitimate rights and interests of the parties in the case of civil war-prone, reflecting the scientific and advanced civil trial at that timeThe third part is the basis of Shanxi High Court land cases trial. The general principles, property rights, claims and other relevant provisions of the Civil Law of the Republic of China, as well as the1935Civil Procedure Law, is an important basis for the, Shanxi High Court land case during Republic of China. This article discusses three aspects of substantive law, procedural law and evidence, by which we can find in Shanxi High Court land case, the substantive law and procedural law are both taken and the use of evidence is paid much attention to, but the traditions and customs. Jurisprudence are ignored with the single trial basis as the result of too much emphasis on statutory law.The fourth part is the causes and solutions of the Shanxi High Court land case. This part firstly combining with the typical cases, analyzes the causes of land cases during the Republic of China, mainly including sales of land, infringement disputes and possessions inherited three types. Otherwise the author believes that land disputes are mostly caused by multiple forms of land transactions, and the development of land private ownership has not been able to get rid of the shackles of the rural family still accounting for part of the family property inheritance disputes; on the other hand, analyzes comprehensively the solution of land disputes, including the judgment, reconciliation, ruled Instructions three kinds, majority of which the judgment is the main way to resolve the dispute. a variety of solutions are intertwined, and the disputes are timely and efficiently resolved.Part â…¤ is the reflection of Shanxi High Court land cases. The articles described the experience and limitations of land cases trial respectively from positive and negative aspects, of which, their experience can be displayed as the value on substantive law and procedural law, the humanity of judicial language, and focus on the use of evidence, the limitations are showed as the single trial basis, the cumbersome of trial procedures, and brief judgments documents. This comprehensive analysis takes an enlightenment significance on the solution of contemporary problems... |
PDF Full Text Request