A Study on the Law of Removal Cause on the 37.5% Rent Reduction Contract

• Main Authors: TZENG,CHUN-CHENG, 曾俊程
• Other Authors: CHIEN,YU-TSUNG
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/exy76u

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.