“平均地权”：台湾土地确权研究

发布时间：2018-03-14 11:17

本文选题：平均地权　切入点：土地确权　出处：《南昌大学》2015年硕士论文　论文类型：学位论文

【摘要】：本文的研究核心是台湾土地的确权问题。全文详细分析了历史上台湾如何由饱受地权分配不公的诟病,成功实现平均地权。笔者拟以台湾发展史为时间主轴,依托当时的历史背景,以1945年为时间节点,将其分为光复前和光复后两大时期,其中,光复前又分为清治和日据两大时期。另外,全文在分别分析每个时期台湾土地分配特征的基础上,又得出台湾地权的演变规律:一方面摒弃了不合理的成分,另一方面又存在内在的继承性。日据时期沿袭了清朝的地租改革,废止了清治时代不合理的大租权制度,建立土地登记制度,并且,日本政府实施的土地登记规则,又为光复后国民政府顺利推行地权改革奠定了良好的基础。最后,地权改革成功实现了耕者有其田,为确立平均地权制度扫除了障碍,铺平了道路。总之,台湾平均地权制度既未横空出世,亦非一蹴而就,它的确立有历史和社会因素。通过本研究,笔者认为:从宏观上看来,台湾土地分配关系历经共有地权、私有地权(包括光复前大地主阶级的土地私有制和光复后劳动者自耕农的小土地私有制)以及平均地权的演变历程;从微观的角度看来,台湾平均地权土地制度经过“三七五”减租、公地放领、耕者有其田、都市平均地权以及全面平均地权,才得以确立。最终,笔者发现,确权于民是光复后台湾经济获得迅速发展的首要前提,亦是平均地权制度在台湾获得巨大成功的强大保障。虽然,两岸土地制度性质不同,但是,从提高土地利用效率、实现社会公平正义以及完善地权制度的角度考虑,两岸土地制度追求的精神一致。故笔者希望此研究对大陆新一轮土地制度改革有所助益。
[Abstract]:The core of this paper is the question of the right to land in Taiwan. This paper analyzes in detail how Taiwan has succeeded in realizing the average land ownership by being criticized for unfair distribution of land rights in history. The author intends to take the history of Taiwan's development as the main axis of time. Depending on the historical background of that time, taking 1945 as the time node, it was divided into two major periods: before and after the restoration, in which the period before the restoration was divided into two periods: the Qing Dynasty and the Japanese occupation. In addition, On the basis of analyzing the characteristics of Taiwan's land distribution in each period, the paper also finds out the evolution law of Taiwan's land rights: on the one hand, it abandons unreasonable elements, On the other hand, there is inherent inheritance. During the Japanese occupation period, the land rent reform of the Qing Dynasty was followed, the unreasonable large rent right system during the Qing Dynasty was abolished, the land registration system was established, and the land registration rules implemented by the Japanese government. It also laid a good foundation for the national government to carry out the land ownership reform successfully after the restoration. Finally, the land ownership reform successfully realized that the tillers had their fields, which cleared the way for the establishment of the system of average land ownership and paved the way. Taiwan's average land ownership system is neither born in a single move, nor achieved overnight. Its establishment has historical and social factors. Through this study, the author believes that, from a macro perspective, the land distribution relationship in Taiwan has experienced common land ownership. The evolution of private land ownership (including the private ownership of land of the large landlord class before the restoration and the small private ownership of the land of the laborer after the restoration) and the average land ownership; from the microscopic point of view, Taiwan's average land tenure system was established only after the "375" rent reduction, the release of common land, the land ownership of the tillers, the urban average land rights and the overall average land rights. Finally, the author found that. Confirming power over the people is the first prerequisite for Taiwan's rapid economic development after the restoration, and it is also a strong guarantee for the great success of the average land ownership system in Taiwan. Although the nature of the land system on both sides of the strait is different, however, in order to improve the efficiency of land use, Considering the realization of social equity and justice and the perfection of land ownership system, the spirit of land system on both sides of the strait is the same. Therefore, the author hopes that this study will be helpful to the new reform of land system in mainland China.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：F301.2

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