Land Disputes And Analysis Of Adjudication In Chongqing Of The Republic Of China

During the period of the Republic of China, land legislation has been an important part of whole legislation, a system of land laws and regulations has been formed in this period first time. With the development of society and a series of changes of internal and external factors, the types of land disputes had gradually increased, showing a variety of features. This paper is based on the files of the local courts of Chongqing Sichuan in the period of the Republic of China, and explores the real state of land disputes in the district of Chongqing through the collation and analysis to the documents, and puts the research under the background of the Anti-Japanese war, and comprehensively investigates the influence of the social changes to land disputes and judicial adjudication to show the adjustment of the grossroots in the period of legal transformation and social changes.This paper contains five parts.The first part is the introduction, which describes the origin of the subject and significance, summarizing relevant research results at home and abroad, and points out the purpose and methods of research.The second part is the historical evolution of the land system. This part is divided into two small parts. First, since the beginning of the use of land, people have the land system. The rise and fall of every dynasties has closely relationships with it, in order to better maintain their rules, rulers also adopted a series of land policies successively, these legal practices of land had its profound background of the times and unique content, but they are bearing a venation, together showing the general disciplinarian of the development of the land system in the traditional society. Second, a modern history was a sad history of tears and blood, long-term disturbance, the land was severely damaged, the contradiction between people and land had been tensely increasingly, and land disputes increased constantly and showed new characteristics of the times, whether the late Qing Dynasty and the national government, both they took corresponding reforms to the modern land system, which in a large extent influenced the solutions of land disputes at that time,as well as the behavioral selections of social mass including the legal personalities. This part aims to present general situation of the land legal reform in brief in this period in order to have a better understanding to land disputes.The third part is the empirical analysis of land disputes in Chongqing during the period of the Republic of China. With the documents of the local courts of Chongqing Sichuan in the period of the Republic of China, according to different types of disputes, using statistical methods to explore the litigant strategies of parties in a lawsuit、the judicial officers’ response and the related legal system behind the land disputes.The fourth part, through the empirical research on land disputes of Chongqing in the Republic of China, this paper summarizes three characteristics showed by the cases.The five part, on the basis of the above parts, is the overall evaluation to the land disputes and judicial adjudication of Chongqing in the period of the Republic of China, and offers some references for the current reform of land.