On The Law And Policy Of Land Reform In Shandong During Chinese Liberation War

Abolishing feudal landed property to settle the land problem of peasant is the basic mission of new-democratic revolution. After the victory of Anti-Japanese War, Chinese Communist Party implemented land policy, including reducing rent and lowering the interest rate, land to the tiller, equal distribution of land. According to these policies, the Central Committee of the Communist Party of China made the May4th instructions and Outline Land Law of China. As the important element of the national land reform, the land reform of Shandong liberated area abided by the law of the national land reform, at the same time, it has its own unique characteristics. During the land reform of the war of Liberation, East China Bureau and Shandong liberated area made a series of law and policies, including Bulletin of the Government of Shandong Province, Bulletin on reduction of rent, interest and increase in wages, September1st instructions, Provisional Regulations of the Shandong Province on Land Reform, July7th instructions, Report on the implementation of instructions about land reform and party consolidation of CPC in1948. This study is a systematic research on the land reform law and policies in the view of law. There are five main sections in this study:Section1:To introduce the land holding in Shandong liberated area, to analyze the impact of feudalism system on the property right and personal right of peasant, then emphasizing the necessity of land reform.Section2:To strive for peace and deal with civil war, CPC continue to implement the policy of reducing rent and lowering the interest rate during the year after the victory of Anti-Japanese War. In this stage, Bulletin of the Government of Shandong Province and Bulletin on reduction of rent, interest and increase in wages were made in Shandong liberated area, abiding by the law principle of statutory crime and punishment and bearing responsibility solely for one’s own crimes. In the aspect of voluntary surrender, render meritorious service and the type of prison Term, these policies made great innovations.Section3:According to the policy of Land to the tiller, May4th instructions, September1st instructions, Provisional Regulations of the Shandong Province on Land Reform were made. These law and policies put forward relatively moderate land solutions, protecting the land property interest of landlords and peasants. However, these policies had the characteristics of transitivity and incompleteness.Section4:To discuss the performance of "Leftist" errors and the reasons of the generation of "Leftist" errors in the land reform after ShouTa temple meeting and July7th instructions.Section5:To discuss the policy of equal distribution of land and Outline Land Law of China under the background. The study expounds the significance of Outline Land Law of China on the human right, the effect of Judicial Activity in the land reform and the innovations of legislation system. The research discusses the December meeting and the end of the land reform of Shandong liberated area.Section6:This study focus on the in-depth summary of the legislation experience and lessons of the land reform in Shandong liberated area. At first, through the comparison with CPC Central Committee and other liberated areas form both vertical and horizontal aspects, the study proclaim the characteristics of legislation of Shandong land reform, then obtaining the important status of legislation of Shandong land reform. Then, the study summarize the experience of adhering to the principle of seeking truth from facts, following the mass line, insisting the party’s political line and servicing the historical task and the lessons of "Leftist" errors, the under institutionalized and unified of the construction of legal system and the ignorance of protecting human right. At last, the study expounds the instructive and conditioned relationship between policy and law and the important significance of land reform on the careers of CPC.In the last part of the study, through the review of land reform law and policy in Shandong liberated area, the study put forward the enlightenment of emphasizing the effect of law, coping with the stability and adaptability of legislation and protecting humanity right in the background of focusing on the solution of the problems concerning agriculture, countryside and farmers.