抗战前南京国民政府土地立法的失与得

Loss and Gain of the Land Legislation of the R.C Government before the Anti-Japan War

抗战前的南京政府制定了大量法律法规,土地立法就是其重要组成部分。综观这一立法内容,有不少欠缺和失误之处,如违背了新三民主义、立法不符合社会实际、存在诸多的漏洞和错误以及许多不公正之处等,但同时此间的土地立法也有不少可资借鉴之处,尤其是它对中国法制的近现代化的作用来讲,更需认真吸取其经验和教训。

The Nanjing R.C government before the Anti-Japan War enacted lots of laws .The land legislations were one of the contents of those laws. Making a comprehensive view of these legislations, we can see that there is many misplays and problems, such as breaching the Sanminnism, not according to the reality of the sociality ,existing many leaks and errors and some inequitys. But at the same time, there is also something that can be used for reference from the legislations, specially their role to the modernization of our law systems.