Chapter 59 Promulgation of the "Jinggangshan Land Law"

The agrarian revolution in the Jinggangshan base area was carried out gropingly without clear instructions and no ready-made experience to learn from.Because since November 1927, the former committee has lost contact with the Hunan Provincial Party Committee, and it is completely unclear about the policies and propositions of the Party Central Committee.And in the process of carrying out the agrarian revolution, we had to face some general policy issues: the object of confiscation, should all land be confiscated, or only the land of the landlord class? As for the distribution standard, is it distributed according to the average population standard or according to the labor force standard?Or both?

As for the regional standard for allocating land, should it be distributed in units of townships, villages or districts? Land ownership, was the allocated land owned by the Soviet government or by the peasants? ...Mao Zedong and the Hunan-Jiangxi border party organizations earnestly carried out investigations and studies, widely listened to the opinions of the masses, and formulated relevant policies based on reality, which made the agrarian revolution in the Jinggangshan area a great success. What is particularly valuable is that although "there is no law before", the founders of the base area have in-depth practice of the agrarian revolution and formulated a land law - "Jinggangshan Land Law" by summarizing experience and lessons.

This "Jinggangshan Land Law" was discussed and formulated in October 1928, that is, at the Second Congress of the Hunan-Jiangxi Border Party. After revision, it was officially promulgated in December in the name of the Soviet Government of the Hunan-Jiangxi Border Workers, Peasants and Soldiers.This is the first land law enacted by the Communist Party of China during the Agrarian Revolutionary War. The full text is excerpted as follows: (1) All land shall be confiscated and owned by the Soviet government, and shall be distributed in the following three ways: (1) Allocating peasants to cultivate individually; (2) Allocating peasants to cultivate collectively; (3) The Soviet government shall organize model farms to cultivate.

Of the above three methods, the first one is the main one, and in special circumstances, or when the Soviet government is strong, the second and third are used in combination. (2) All land, after it has been confiscated and distributed by the Soviet government, is prohibited from being bought or sold. (3) After the land is allocated, except for those who are old, young, sick and incapable of farming and who serve the public, the rest must be forced to work. (4) Quantitative standards for land distribution: (1) Based on population, equal distribution of men, women, old and children; (2) Based on labor force, those who can work will get twice as much land as those who cannot.

The above two standards take the first as the main body.Where there are special circumstances, the second standard shall apply.Reasons for adopting the first standard: (a) Before the facilities for the elderly and infants are completed, if the old and the young are given too little land, they will not be able to maintain their lives. (B) It is relatively simple and convenient to calculate the land allocation based on the population. (C) There are very few families without old and young, and even though young and old are unable to cultivate, the government can allocate a considerable amount of public service after allocating the land.Such as Ren traffic and so on.

(5) Regional standards for land allocation: (1) distribution by township; (2) distribution by several townships (such as Xiaojiang District in Yongxin); (3) distribution by district (such as Huangshan District in Suichuan) Col area). For the above three standards, the first one is the main body, and in special circumstances, the second and third two standards must be used. (6) Mountain forest distribution method: (1) Tea Mountain and Chai Mountain shall be equally distributed for cultivation and use in the township as a unit according to the method of dividing land; (2) Bamboo and Wood Mountains shall be owned by the Soviet government, but farmers may enjoy them with the permission of the Soviet Bamboo.Bamboos with less than 50 roots must be approved by the township Soviet government, those with less than 100 roots must be approved by the district Soviet government, and those with more than 100 roots must be approved by the county Soviet government.

(3) Bamboo and wood are generally sold by the county Soviet government, and the money obtained is at the disposal of the high-level Soviet government. (7) Land tax collection: (1) Land tax is divided into three types according to the production situation: 1. 15%; 2. 10%; 3. 5%. Of the above three methods, the first one is the main one. In case of special circumstances, with the approval of the high-level Soviet government, two or three methods may be applied respectively. (2) In the event of natural disasters or other special circumstances, the Higher Soviet Government may submit to the approval of the land tax exemption.

(3) The land tax is collected by the county Soviet government and handed over to the higher Soviet government for disposal. (8) Rural handicraft workers, if they are willing to share the land, shall be given half of the amount of land each farmer gets. (9) Officers and soldiers of the Red Army and Red Guards, and those who serve in the government and all other public institutions shall be allocated land.If the farmers get the amount, the Soviet government hires people to replace the farming. The above-mentioned "Jinggangshan Land Law" does not have many provisions, and the content is not complicated, but it is specific and practical, and embodies the spirit of "starting from reality".For example, on several major policy issues such as land distribution, distribution standards, land distribution regional standards, and land tax collection, several different situations were identified and different policy measures were put forward.This was not easy under the conditions at the time.

The "Jinggangshan Land Law" is a relatively complete and mature land law formed by the Communist Party of China in the early days of the Agrarian Revolution, and it is the crystallization of the Party's experience in leading the Chinese Agrarian Revolution.As Mao Zedong later said: "This is a summary of the experience of the land struggle from the winter of 1927 to the winter of 1928. Before that, there was no experience." The "Jinggangshan Land Law" had a very far-reaching influence and an important positive effect on the Chinese Communist Party's formulation of relevant policies for the agrarian revolution and its leadership in the subsequent agrarian revolution. In 1941, when Mao Zedong was studying the issue of the land revolution during the Anti-Japanese War, he thought of the "Jinggangshan Land Law" that was born more than ten years ago. He decided to reprint it and added a note in his own handwriting. According to the local land law, a new understanding and evaluation was carried out.His note reads: "This Land Law was enacted in Jinggangshan (the Soviet Area of ​​the Hunan-Jiangxi Border Region) in the winter of 1928. This is a summary of the experience of the land struggle from the winter of 1927 to the winter of 1928. Before that, it was Without any experience, this land law has several mistakes: (1) Confiscation of all land and not only the landlord's land; (2) Land ownership belongs to the government and not to farmers, who only have the right to use it; (3) Prohibition of land sales These were all mistakes in principle, and they were all corrected later. Regarding joint farming and using labor as the standard for land distribution, it was announced that they would not be the main methods. Instead, private farming and population-based land distribution were the main methods. The former is inappropriate, but there are quite a few comrades who advocate it, so this regulation was later changed to only use the latter as the standard. Hiring people to plow the fields for the Red Army personnel was changed to mobilizing farmers to do the plowing for them.”