The Research On The Process Of Change And Tendency Of Cultivated Land Tenure In P.R.China

The document No.1 released by the central governent in 2015 focused on the construction of modem agriculture, and accelerating the transformation of agricultural development mode. This is the 12th time that the 1st central document focusing on the "agriculture, rural areas and peasants." Our country is an agricultural country with a large agriculture population and weak modern foundation. Although the rural economic society has a huge progress in the reform and opening up, the agricultural overall level is still far away behind the modern agriculture. This is one of the national conditions which we have to confront.Since the founding of P.R. China, the land tenure has experienced three changes. Firstly, it changed from feudal land system to land ownership of peasants, achieving "Cultivator has his field", so as to promote the development of agricultural productivity. Secondly, changed land ownership of peasants to collective ownership. Since the transition from elementary agricultural producers’ cooperative to advanced agricultural producers’ cooperative was too rapidly and it propelled the advanced agricultural producers’ cooperative into people’s communes by administrative measures, and this hurt the enthusiasm of most of the farmers and hindered the development of agricultural productivity. Thirdly, abolishing people’s commune system, carrying out household contract responsibility system, endowing farmers with all of the rights except rights of buying and selling the cultivated land, which put the production relations not suitable for the productivity level back to the level before the elementary agricultural producers’ cooperative, promoted the development of agricultural productivity greatly. In recent years, with further development of the agricultural productivity, the rural household contract responsibility system as the representative of the basic production relation is adjusted constantly. The moderate-scaled operation, abundant appearance of "agricultural cooperatives" and the situation of "separation of the ownership, operating and usage of the cultivated land" are formed. The fact that the contradiction movement of the productive forces and the productive relations is the full embodiment of the productive relationship to the productive forces and also the formation of the Periodic and spiral rise law about the development of things from affirmation to negation, the negation of negation.More than 30 years of practice has proved that household contract responsibility system, not only liberated the rural productive forces, but also raised the farmers’ income and promoted the development of the rural economy. However, as a system, which belongs to the category of superstructure and production relations, the household contract responsibility system can not solve all the problems in the development of agriculture once and for all. At different categories of economic development, the relations of production must be timely adjusted, avoiding too high and too low. Otherwise, the development of productive forces will be constrained. Under the framework of market economy, profound changes have taken place in rural employment structure and farmers’ income structure, the agricultural mechanization has developmented unprecedentedly, biological engineering technology changes with each passing day, which is difficult to predict over 30 years ago. These development and changes in productivity, request production relations for further adjustment is unquestionable.In human society, the change of cultivated land tenure is always periodic and sustainable. A farmer as a part of a collective, on average, could get a contract right of collective land when the household contract responsibility system was implemented over 30 years ago, which fully reflected the fairness, equality and the concept of average. At that time, this kind of primitive communism color supply system is popular, conformed to the level of productivity. Nowadays, under the condition of market economy, the way of resource allocation to small farmer with "Cultivator has his field" is difficult to adapt to the request of the development of productivity. There is, in modern agriculture, the urgent need for "the one good at farming has his field" That is, the allocation of resources should follow the laws of the market under the principle of fairness and reasonable competition, and combine optimally laborer’s intelligence and capacity to resources. Therefore, agricultural operating system of the innovation replacing the old agriculture basic operation system is inevitable. In sum, "separation of the ownership, operating and usage of the cultivated land" is a logical product of agricultural productivity when it develops to a certain level in China. It doesn’t exist from the beginning, and can’t be immortal. With the comprehensive development of economic society, the concept of contract right and the basic economic system of agriculture will gradually step down from the stage of history, and the situation of "separation of the ownership, operating and usage of the cultivated land" will be the history of the change of cultivated land tenure in our country. As result, the new agricultural operating system of accelerating agricultural modernization construction will take the place of it.This article has proposed boldly the household contract responsibility system should orderly exit after the second cultivated land contract expires, and conceives the next developing tendency about the change of the land tenure in China. That is, on the premises of insisting on collective ownership of cultivated land and not damaging the interests of farmers, village collective withdraw the land contract right, give the plough to "The one who is good at farming" by the land leasing form, of course, it should on the premise of equal competition. The concrete methods is that after taking a series of reliable transitional measures, as the second round of contract expires, the village-level government retrieve the collective land contract right in accordance to the law. Based on the market rules, the village-level change the cultivated land contract to cultivated land lease; change the equal distribution to competition by ability; change contract for free to lease for the fair competition. The arable land is no longer divided into three classes, and rent by per capita. Instead divide the cultivated land into several units according to the natural environment, leasing with various size. The farmer, who is willing to engage in agricultural production, can participate in leasing in different forms (professional investors, family farms, cooperatives, joint-stock company, etc.). Village-level as a representative of the collective land ownership and have the right to lease land contracts in accordance with the law, have the right to collect the rent and safeguard the collective rights to dispose the land. Only in this way, the village collective can reserve the material foundation for collective economy. As members of the village collective, farmers can not only rent the plough by ability and fair competition, but also go to non-agricultural industries. They have the right to share the welfare that the village collective provides. Thus, hundreds of millions of farmers can live and work in peace and contentment. Not only will their fundamental interests not be hurt, but also it opens up a royal road from a comfortable life toward common prosperity. It should be seen that the current implementation of property rights affirmation is very important, it can clear the contract relationships and content, and it is a necessarily basic work of retrieving the contract right in the future.