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Research On The Transfer Of Farmland In The Qingshui River Basin Of Guizhou During The Nanjing Nationalist Government Perio

Posted on:2024-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:L J ZhengFull Text:PDF
GTID:2555306935963169Subject:Legal history
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The people’s business is farming,and the folk-land is the foundation of people’s livelihood and national development.It is of some academic value in the field of legal history to study the folk-land transfer in the Qingshui River valley of Guizhou during the period of Nanjing National Government.This paper intends to study the background of the Qingshui River valley of Guizhou during the period of Nanjing National Government,the content of the folk-land transfer during the period of Nanjing National Government,the dispute settlement of the folk-land transfer in Guizhou during the period of Nanjing National Government,and to elaborate on the insights of the folk-land transfer in Guizhou during the period of Nanjing National Government through the methods of documentary and historical analysis.In the first part,the research topic of this paper is clarified,the background of the chosen topic and the significance of the research are described,the research methodology is introduced,and possible innovations of this paper are illustrated.In the second part,the background of the Qingshui River valley of Guizhou during the period of Nanjing National Government is analyzed.Economically it was characterized by economic decay and a state of economic distress.Politically the Nanjing National government had weak control and the Qingshui River valley in Guizhou was under the rule of warlords.Legally the influence of state law was weak and local customary law was used to maintain social stability and to regulate social relations through contracts.Knowing that the folk-land transfer was at a particular time and in a particular place,the research concept of “understanding based on compassion,compassion with understanding” was developed.In the third part,the content of the folk-land transfer during the period of Nanjing National Government is examined.By analyzing the deeds and local customary law of the Qingshui River valley,the aim is to restore the folk practice of the folk-land transfer.The purchase and sale of folk-land was characterized by the coexistence of absolute and live sales and by the fact that they are not entirely free,with white deeds predominating.Inheritance is based on the principle of equal division of sons,showing the characteristics of identity differences and evolving the pension through folk-land model.The exchange is a wisdom to resolve the fragmentation of the folk-land and usually occurs between relatives.Gifting is characterized by unconditional gifts,gender differences,and a specific local way of receiving gifts for "asking".In the fourth part,the dispute settlement of the folk-land transfer in Guizhou during the period of Nanjing National Government is explained.The local residents dealt with disputes mainly through the mediation of the middlemen,the proceedings to the gods,and judicial litigation.The mediation of the middlemen is the mainstay,with the proceedings to the gods as the exception,and judicial litigation acting as the final valve to ensure the orderly folk-land transfer through a "public-private partnership".In the fifth part,the insights of the folk-land transfer in Guizhou during the period of Nanjing National Government are summarized.The multiple ways in which the people spontaneously developed to secure their land transactions,the moral philosophy that underpinned the folk-land transfer,and the concept of cost-optimization in the folk-land transfer,all demonstrate the wisdom of the people.
Keywords/Search Tags:the folk-land transfer, contracts, Qingshui River documents, the period of Nanjing National Government
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