Study On Xie Juezai's Legal Thought Of Land Law

Xie Juezai is one of the five old revolutionists in Yan'an. He is"the outstandingprecursor in law circles and the founder of people's judicial system", he made a greatcontribution to the construction of legal system in our country. As an older generationproletariat jurist. He witness the change of our communist party at the land policy inthe new democratism revolution period. This progress experience the blank of landpolicy to the policy changed into law, finally the land policy and law synchronouslydevelop. In the long-term's law practice, he formed enrich and profound legal thought.This text tries to get a general understanding on the policies and laws of land of thenew democratic revolution period through the research on Xie Juezai's legal thoughtof land law.This article is divided into four chapters. In chapter one, at first, the research onoverview the land ownership before liberation. Because land policy and theestablishment of the law must basis on particular social economic history condition atthat time, Xie Juezai'thought with the change of land law at the different history stagealso proves this. The society reality is landlords occupy a great deal of land and othermeans of production. The poor farmer will bear a large amount of rent charge and alsohave to subjected to exploiting of the usury and the business monopoly for the sake ofthe survive. Thus the class contradictions is growing day by day. But communist partyof china lead farmers carry on land revolution is a historical necessity.Since chapter two mainly take time-sequence to analyze the legal thought on theland of Xie Juezai in different stage. Section one mainly introduces Xie Juezai's earlierperiod revolution thought source. The theory source is the study of the Marxism andLenin, but the practice source is his enrich social experience. Section two mainlyintroduces the Xie Juezai' viewpoint in the first-time period of kuomintang-communistcooperation, he realize the importance of farmers and the land problem, and proposewe must solve the most poor farmers'land problem, and obtain revolution success. Headvocates that the farmer must control armed forces, our communist party shouldcontrol armed leadership and establish farmer political power, It is worth mentioningthat Xie Juezai still make use of revolution law at the big revolution period, he carryon judge Tyrant and Evil gentry, This activity strong support the peasants against thefeudal oppression. Section three mainly introduces after the first-time period of kuomintang-communist cooperation, the revolution sank into low tide and Xie Juezaianalyze the reason of failure. Later he drew up the land law of the central soviet area,he plays an important role in the process. Section four attends to summary the landrevolution policy law in the period of this stage. For the reason of unstable politicalsituation, the policy of the land changes frequentlly in this period.In chapter three main discuss the development of Xie Juezai's land law thoughtduring the war of resistance against Japan. Section one mainly about the suggestion onfarmer land right protection of the Shanxi-Gansu-Ningxia border area. For example,how to limit provide false and conceal materials in the land registration. He also studyon how to make use of the wasteland and public land effectively. Section two mainlyabout the Xie Juezai'opinion of tenancy rights, he studys the classification of landtenancy, and give the different forms of tenancy to different forms of legal advice.Section three mainly about the opinion of the mortgage land phenomenon, headvocates to adapt different measures to the areas after land reform and the areas not,but these measures must take the benefits of farmer as principle. Section four mainlyabout the usury, this is also the comprehension of interest rate cuts. Above foursections are land rights,occupancy rights,rights of dien and creditors' rights. Comparedwith the law of Shanxi-Gansu-Ningxia border area. Xie Juezai'thoughts and viewshave been reflected. The last section mainly about communist party policy and landlaw during the legislative process. During this time, the land law of the base makes agreat progress.Chapter four is mainly about the land law thought of Xie Juezai in the period ofthe liberation war. His thoughts have already been gradually maturing. Section onemainly about his amendments to the law in liberated base area, a lot of opinions areadopted. Section two mainly about the judgment of the kuomintang's land law. Heproposes to abolish the old legal system and establishes a new democratic country'slegal system. Section three pays attention to his land reform practice in Shanxi, hecriticizes the beavior of violate policy of the central committee on some parts of thelegal bases. He also dedicates to provided important suggestions on the land law.Section four is to summary his class view. He believes that our party should take theoccupancy relation of production data as the standard, while not the land ownership orliving standard . At the same time our law should provision that give exit on the life tothe landlord and to reserve the rich peasant economy. While gives protection to middlepeasant economy. In this case, the land reform law that depends on the poor peasants. These activities all reflected to his land thought is more and more mature. This kind ofmaturity is accompanying with the policy law of our party development. The lastsection of this chapter concerns that the land law of the liberation war. At the laterstage of the liberation war, Xie Juezai's legal thought of land reaches to a new level.Finally the writer gets a conclusion that the old generation proletariat juristgradually developed law construction in the base land, continuously try in this process,continuously pursued the truth from the reality. It makes a lot of land problems all getgood solution.Along with the complecation, Xie Juezai's legal thought of land ismeanful. During the whole land reform, we obtained much experience and precept, wewill benefit a lot in the legal system construction. History,which records the past,shows present, and previews the future.