Republic Of Fujian The Permanent Tenancy Study,

The article studied the Permanent-Tenancy in Fujian province in the Period of Republic of China comprehensively.One, the formation and distribution of the Permanent-Tenancy. Ways of formation were diverse and evolved differently. This was caused by various changes in political, economic and social aspects. The Permanent-Tenancy in public fields was the same with the general public fields in some respects and was also particular in many aspects. Its unique forming ways were important in the formation of the Permanent-Tenancy in Fujian. The Permanent-Tenancy was widespread in Fujian and the proportion of it reached more than 20%, but the development was unbalanced in various regions across the province or in different towns or villages of the same city. This was because per capita possession of land was relatively small in Fujian, farmers'personal dependence relation to landlords was relax, economic structure and degree of tenancy was different across the province.Two, Changes in regime and policy and the development of the Permanent-Tenancy. Government policies and political changes had a profound impact on the Permanent-Tenancy. In the early and mid-Qing times, the Permanent-Tenancy was natural flourish. But the development of it slowed down temporarily because the local government attempted to get rid of it. As a result of Permanent-Tenancy custom was unbreakable and the government legislated on Permanent-Tenancy, the Permanent-Tenancy was sustainable development in general during the Qing Dynasty. The laws fit to the folk custom gradually in the Period of Republic of China, and it created a favorable legal environment for the development of the Permanent-Tenancy. But the constant turnover of political power in Fujian had varying degrees impact on it. Wars among warlords made the development delayed, there was a short-term fading in the period of the Red Army and the 19th route army dividing lands. Afterwards, the Permanent-Tenancy re-developed because of the restoration of the original permanent tenant relations and the implement of the national government. During the land reform, the CCP dealt with land issues based on recognizing farmers'Permanent-Tenancy and the Permanent-Tenancy disappeared eventually in Fujian. Since the Qing Dynasty, the Permanent-Tenancy experienced a progress such as sustainable development→developmental delay→short-term fading→recovery and development→disappeared completely.Three, the protection of the Permanent-Tenancy. All forces in society were involved in the protection of the Permanent-Tenancy in the Period of Republic of China. In the process of formation and survival, Permanent-Tenants, the government and the judiciary would take appropriate measures to protect the Permanent-Tenancy. There existed three ways of mediation system about the Permanent-Tenancy fields, namely, civil mediation, official mediation or approval, judicial mediation and trial. When there was a dispute, the litigants would choose one or more ways to solve it. At the same time, religious organizations and the gentry, counties and the following agencies or organizations, and the judiciary played an important role in three ways to handle disputes.Four, tenant-landlord interest relationship. The Permanent-Tenancy fields'rent pattern was mainly the natural rent. There was a small proportion of money rent, but it run through the development progress of the Permanent-Tenancy. The rent pattern of renting forests was money rent. The Permanent-Tenancy rent rate of private fields was lower than that of local general rent rate. The Permanent-Tenancy rent rate of forests and public fields was much lower. Under the Permanent-Tenancy, landlords' power declined gradually, farmers'power expanded day by day.Five, the circulation of the Permanent-Tenancy fields. The paper probed into it from four aspects.Ⅰ,sublease. Sublease was popular in Fujian folk in the republic of China, and recognized by the government and the judiciary gradually. The proportion of sublease was small, but it distributed widely. The rent amounts of ownership lands and permanent-tenancy lands were different everywhere. The rent rates of sublease were also different, but still lower than the local general rental rates.Ⅱ, inheritance and pawn. The phenomenon of inheriting and pawning the Permanent-Tenancy fields was prevalent in parts of Fujian. Permanent-tenancy lands, ownership lands and ownership-tenancy lands could inherit and pawn separately. It increased the size of circulation and improved the frequency of circulation.Ⅲ,resale and prices of permanent-tenancy lands and ownership lands. Resale could be divided into live-sale and complete-sale, and completed the conversion of the former to the latter through looking for price. The prices of permanent-tenancy lands had been higher than those of ownership lands, because the permanent-tenancy had the characteristics of no tax, circulate flexibly and the procedure is simple. The prices of permanent-tenancy lands affected greatly by the current political situation. But the prices had been high continuously in Fujian during the Qing Dynasty to the Period of Republic of China. This was mainly because Fujian was less affected by wars and the land market was more stable. IV, the circulation of the Permanent-Tenancy clan fields. The clan fields' pawning and selling had significant differences from the ordinary private fields. This was mainly reflected in two aspects——clan persons only had the right to pawn and sell their rotation years and the clan fields'circulation took the form of pawning or selling generally. The Permanent-Tenancy fields accelerated the clan fields circulation rates. Sixth, the nature of the Permanent-Tenancy. In terms of the ascription of the dual property-right, the property features of the Permanent-Tenancy, and the rent rate of the Permanent-Tenancy fields, the Permanent-Tenancy is a kind of land system that was grasped by ordinary peasants, landlords and tenants enjoyed the land ownership equally and was advantageous to the Permanent-tenants.Six, the paper pointed out that the research on the Permanent-Tenancy lands in Fujian in the Period of Republic of China was important to give some inspiration to the reformation of the agricultural land institution in China at present.