Research On The Operation Of Land Acquisition System During Nanking National Government

The three elements of land expropriation system are public interests and execution procedures justice, reasonable compensation of land value. The thesis gives analysis of land expropriation system for clues of the formation and practice of it. In Western Europe and Japan’s land reforment tide, the land requisition system formed by the China social reformer and scholars, and made it to complete China’s land reform and meet the public construction land. At the end of19th century and beginning of20th century, European countries had evolved an excellent land requisition system, and played a large role in modernization construction of city and land property system reforms. As part of the world trend, China also naturally chose this system. The selection process is both China’s own development logic and the results of the executives’ choice and it has an important impact on the land reform of the Nanjing national government. Through analyzing the relationship between Sun Zhongshan’s "equalization of landownership" and system of land expropriation and the study of it, this paper tries to find the developing characteristics of Chinese land expropriation system and to give further analysis on the social environment in which it operated.Land expropriation system was choosen by Nanking national government in order to achieve the land system transformation, economic modernization, the legal system modernization transformation. Therefore, in the land requisition system design, the three aspects were fused into one another, that is, modernization of the legal system construction is implementative method of the liquidation form of the land system transformation and economic modernization construction. The nanjing national government set its goal as to realize "equalization of landownership" and "land to the tiller" and to solve the land problem. According to the realization of Sun Zhongshan’s design of "equalization of landownership", the Nanjing national government determined the private land property rights in the civil law and formed the land requisition system in regulations and land policy. But in fact, land acquisition regulations came out to mainly solve the urban land problems, and was rarely used in rural. While the land requisition system plays an important role in the traffic and public infrastructure, but because of the problems during the process of execution,the role is limited in the city where much land was requisited.Modern transformation is the main orientation of institutionalized in modern Chinese, that is, to change China traditional system and achieving an advanced class in the world through the process of standardization and legalization.However, not every system formation can achieve the expected purpose.To ensure the land reform smoothly, the national government organized a strong professional think-tank, offering theory and practice for it. The differences and debates in this academic team turned out as one of serious obstacles for the implementation of land reform.From this angle of the formation process of the land requisition system, the land requisition system is a very efficient system on protecting individual right and public power. But another aspect should be kept in mind that the operation of land requisition system had almost nothing with law, while the purpose of the System was to protect private property, it turned out to be a means of plundering public wealth. The reason for this is that the national government lack of strong financial strength to support the operation of land expropriation system, and the nanjing national government was deficient on its control over local government in the political system construction.Although this paper deals with the land expropriation system, it also places the system within the transformation of whole social, political, and economic. It is hoped that the present reform on compensation for land expropriation would benefit from the past by the way of making clear the operation features of land requisition system and effect, and finding out the important factors restricting system change.