혁명시기 중국의 토지행정법제 연구 (A Study on Chinese Land Administration Legislations during the Revolution Period)

서지정보

· 발행기관 : 행정법이론실무학회
· 수록지 정보 : 행정법연구 / 22호 / 243 ~ 266페이지
· 저자명 : 한상돈

초록

The land system of China was still unreasonable even when the Chinese Communist Party has been established in July 1921. However, the Chinese Communist Party did not attach great importance to such peasant issues, and rather tried an urban worker-centered revolution that the Soviet Union tried before. Since1924, theChinese Communist Party was able to legally organize peasants’ movements. In the modern history of China, the period from 1927 through July 1937 is called the land revolution period. During thisp eriod, the Chinese Communist Party established the Red Army which composes of workers and peasants, and had rural areas as their bases for the revolution. In 1927, after the fundamental policy for land revolution has been decided at the August7th Meeting, land revolutions led by peasants arose all around China. During these revolutions, JingGangShan Land Law and XingGuo Land Law have been enacted, thereby forming land administration legislations. The land administrationl aws during the early revolutionary period greatly inclined to the left, which could be easily seen, for example, in the provision “forfeiting all lands.” These errors have been corrected through land policies later and have also been reflected on the newly enacted Land Administration Law.
With respect to the target and scope of land forfeiture, not all lands but only landlords’ lands have been forfeited. Distribution of land has been stipulated according to the actual circumstances of each region. Forfeited lands were equally distributed among people on Xiang basis. Land ownership in the earlier stage has nationalized all forfeited lands, but later on started to recognize land ownership of peasants in order to solve existing problems. Moreover, even if state’s land ownership was a basic principle, leases and sales of land by peasants were permitted.
In short, although the land administration legislation during the revolution period of China have gone through trials and errors, the legislation enacted and amended laws in order to set people free from economic pressure under the Shishi Qiushi spirit. Hence, the laws encouraged most Chinese peasants to participate in the revolution, and the land revolution became successful in the end. Because the peasant-centered land revolution was a huge success, the communist revolution of China became successful as well. Such successful revolution is due to a series of land administration legislation which set out the fundamental principles as well as roadmaps.

영어초록

The land system of China was still unreasonable even when the Chinese Communist Party has been established in July 1921. However, the Chinese Communist Party did not attach great importance to such peasant issues, and rather tried an urban worker-centered revolution that the Soviet Union tried before. Since1924, theChinese Communist Party was able to legally organize peasants’ movements. In the modern history of China, the period from 1927 through July 1937 is called the land revolution period. During thisp eriod, the Chinese Communist Party established the Red Army which composes of workers and peasants, and had rural areas as their bases for the revolution. In 1927, after the fundamental policy for land revolution has been decided at the August7th Meeting, land revolutions led by peasants arose all around China. During these revolutions, JingGangShan Land Law and XingGuo Land Law have been enacted, thereby forming land administration legislations. The land administrationl aws during the early revolutionary period greatly inclined to the left, which could be easily seen, for example, in the provision “forfeiting all lands.” These errors have been corrected through land policies later and have also been reflected on the newly enacted Land Administration Law.
With respect to the target and scope of land forfeiture, not all lands but only landlords’ lands have been forfeited. Distribution of land has been stipulated according to the actual circumstances of each region. Forfeited lands were equally distributed among people on Xiang basis. Land ownership in the earlier stage has nationalized all forfeited lands, but later on started to recognize land ownership of peasants in order to solve existing problems. Moreover, even if state’s land ownership was a basic principle, leases and sales of land by peasants were permitted.
In short, although the land administration legislation during the revolution period of China have gone through trials and errors, the legislation enacted and amended laws in order to set people free from economic pressure under the Shishi Qiushi spirit. Hence, the laws encouraged most Chinese peasants to participate in the revolution, and the land revolution became successful in the end. Because the peasant-centered land revolution was a huge success, the communist revolution of China became successful as well. Such successful revolution is due to a series of land administration legislation which set out the fundamental principles as well as roadmaps.

참고자료

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