试论民国初期的土地私有权法律制度

On the Law System of Private Ownership of Land at the Early Stage of the Republic of China

民国初期,在中国历史上首次用法律的形式明确了土地私有权,并规定了土地私有权的保护范围和方法,同时对之又进行有限的限制。这一时期的土地法制从内容和形式上都存在中西杂和、不成系统的特点。它虽然对中国法制近代化起到一定程度的促进作用,但一系列的法律和判例过分强化了土地私有权,没有处理好经济利益分配中的公平问题,使土地兼并、社会不公愈演愈烈。这是造成民国时期社会动荡、政局不稳的重要原因。

At the early stage of the Republic of China, the private ownership of land and its range and way of protection were firstly positived in Chinese history. At the same time, limited restrictions were applied on it. The land law system in this stage had characteristics of hybrid and non-systematic. Although the land private ownership system promoted the procession of modernization of Chinese law system, but series of land laws and cases strengthened the private ownership excessively and hadn＇ t dealt with well the equity problem. So that the annexation of land and social injustice was more and more intense. It is an important reason of social unrest and political instability in this stage.