Land Law Of The Republic Of China And Its Implementation

The land law of the Republic of China published in 1930.it is the first modern land code of China. This code was the KMT ruling period in mainland China, the basic legal basis, to solve the problem of land.and took effect formally in 1936. the law existed for 19 years in mainland China. After 1949, the KMT regime of land policy in Taiwan, is still the continuation of the basic spirit of the code. Four part in this paper, the formulation of the laws, basic contents and implementation situation is discussed: the first part mainly analyzes the spirit, thought and process of the law. Country’s supreme leader of the governing idea has important to policy and legislation. Sun yat-sen and Chiang kai-shek as the KMT government is the most important two people, so they thought, for the influence of the code should be worthy of attention. System when the old feudal dynasty had just ended, the new social system is not established, all kinds of social contradictions, class polarization, the land issues highlight social status, objectively led to the formulation of the code. The second part come back to the text of the code with the social background of that time. In the process of establishing the land law, with reference to the existing land policy, many western developed countries so the land law in the form of text in many ways, have land law began to integrate with many of the advanced western countries. Land law of the Republic of China as the KMT in the agricultural economic policy at that time an important legal documents, its text terms is of high historical value, so the text analysis is very necessary. This part embarks from the text analysis the land law policy on subsistence farmers, some of the tenants. Also analyzed the land law about the content of the property rights of land policy, the study of land property rights of the code, was neglected by previous scholars, so it has research value. The third part is some analyses of concrete cases of the enforcement of this code to research its conditions of execution.analyzes the legal implementation and practice at the local level. The laws of the Republic of China promulgated in 1930 until 1936, this related to formulate the complexity of the law, also with the relevant interests distribution between different class is playing the game. The KMT rule of the mainland Chinese social situation is not stable, so the code was released in China, only local, experimental. This part selected several typical cases: the "western hubei land reform"pushed by Chencheng and Chiang ching-kuo "gannan’s" New policy"illustrates the KMT ruling period in mainland,Chinese political environment is terrible the land law even under the push of capable official, although there are some harvest, but the overall effect is not idea. The land policy carried out by the yen hsi-shan in shanxi, explains the KMT central government in the implementation of the code, and the local government strength fight with central government. "Wujiang River village" of Anhui province and "licun" of Qingdao, Shandong province agricultural demonstration zone, explain some of the local government, institutions of higher school, social organization and enthusiastic people while earnestly implement the spirit of the laws of the Republic of China for the studies on the improvement of rural economic and political ecosystem.also made some achievements, but due to the lack of mass base only produce very litter effect. the land law in place for although made some achievements, but in the end did not solve the problem of Chinese farmers’ land. The code of the implementation of the land law, and did not achieve the goal of the the farmer own farmland, the promulgation and implementation of the land law did not meet the demand of farmers on the land, become an important reason for losing KMT regime in Chinese mainland. The fourth part is based on modern history review the land law, the evaluation of the code. On the one hand, analysis the reasons for the success of the land law for not in mainland China; Analysis to Taiwan after the KMT on the other hand, according to the spirit of the laws of land reform, get some certain achievements. We can find that the land law to Taiwan, the spirit of the code is not change, but after the code to Taiwan, its execution and execution environment has changed, time is different from the mainland, so its execution effect also different.we can inquiry on the reason why this code failed on the mainland but succeeded in Taiwan Through the above analysis of the land law, strive to make objective evaluation of the code.