罪名与罪行——江阴县私立青阳中学校长谢家玉破坏土改案解读

1950年10月23日,江阴县私立青阳中学校长谢家玉突然被逮捕.政府方面宣布他犯有包庇地主、出卖田地、隐瞒田亩、逃避秋征、开地主会议5项罪名.青阳中学校董会由当地在上海的工商界及文教界人士组成.谢家玉被逮捕后,青阳中学方面即与政府交涉,但最终,谢家玉仍然被判刑.通过对谢家玉的所谓5项罪状进行分析后发现,政府方面提出的罪名都不成立.这桩错案的产生是由于政府方面有意在土改过程中消灭乡村中原有地方精英的政治影响,可见当时的法制化水平受到那个时代社会革命的总体条件的限制.

Accusation and Crime -Reading of Xie Jiayu＇s Land Reform Violating

On october 23th of 1950 ,Xie Jiayu, the principal of the private Qingyang Secondary School in Jiangyin County, was arrested. The government declared that he had commited 5 accusations of harboring landlords, selling and concealing farmlands, evading autumn levy and holding landlords meetings. The council of Qingyang Secondary School was composed of local businessmen and literatti who were then living in Shanghai. The council immediately negotiated with the government after Xie＇s arrestment, but he was still sentenced. A careful study of the five accusations shows that Xie was not guilty. This misjudged case happened because the government wanted to eliminate the political influence of the original local elites in rural community during the land reform process, showing that the legalization level was limited by the overall condition of the social revolution in that era.