| Summary: | 碩士 === 國立高雄大學 === 高階法律暨管理碩士在職專班(EMLBA) === 106 === After World War II, the Government of KMT made a series of agricultural reforms to
execute in Taiwan. Since the inception of rural farmland reforms in 1949, the regulations of
governing leasing private farmland from landowners to cottagers, and restricted the arable
rent in 37.5% scale till now. This paper is trying to discuss a phenomenon of legal cultural
difference that using by Transitional Justice point of view in these seventy years. The law is
not only shows political character but also protects tenant farmers, but also the 37.5%
Arable Rent Reduction Act across time and social change.
According to the many references in this thesis that indicates the 37.5% Arable Rent
Reduction Act is involving how to continue this contract, which party has rights to buy first,
the amount of compensate, the revolution of legal regulations, and the liberty of contracts.
However, the economic conditions of most tenants have improved immensely, thus casts
into doubt the constitutionality of these provisions.
I am trying to stand on a higher ethic and the point of transitional justice to reexamine
the contents of this regulate, and its main spirit of attaining the goal of protecting
tenants’right to live through limiting the property rights of landowners has remained
unchanged. Revisiting the situation of protecting human rights and creating a brand new
way to resolve the old problems.
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