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Legal Problems Of The Agricultural Land Ownership And Use Rights In China

Posted on:2006-03-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:1116360152983412Subject:Minorities economy
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Land is the vital natural resources for human being living and social sustainable development, "it is the source of all production and all life existence". Land ownership and utilization have influenced significantly on the establishment and operation in a state economic and political institutions. China is a socialist country, public ownership of means of production and the collective ownership system of rural land are the basic conditions faced by China, and these are also the foundation of rural land right system. At present, the designing of legal framework of rural land right has attracted widely attention of academic circles and legislators, because China rural development in the future will depend mostly on the solutions of rural land issues. The essential and the key issue in rural land is the land rights system, namely rural land ownership and land usufruct. In this paper, I try to tease out the rural land usufruct system of China by means of analyzing and comparing with the history and reality of it, and with the correlative theory of law, economics and sociology; and besides, put forward some proposals.In this paper, before probing into the system of the rural land ownership and land usufruct, I dissertate firstly the vicissitudes of the history of the rural land usufruct system in China. I expect to predict future, form new theory and serve future practice by newly surveying the past practice activities, reviewing history and straightening out theconventional theory and cognition. Meanwhile, I emphasize to analyze and study the three big reforms about our rural land system since new China has been found. These three big reforms are Land Reform, Collectivized and Communized Movements and Domestic Contract Liability System. As for the economic content, the essential of the land reforms is the change of the interest structure among the ownerships of different rights on the land. Therefore, it is difficult for the land property rights system to exclude the implication of the rural land reforms. The reform of rural land system must tally with the non-system factors, for instance, society, economy, culture and peasantry's consciousness, and must esteem the peasantry's inclination. And besides, the rights structure of rural land must harmonize with the rural social tradition and economic structure.The rural collective land ownership is the key issue that must be solved properly in China rural land right institution and whole property constitution. In the rural collective land ownership system, the center tasks of law are to radicate and ensure the interests of the rural land ownership (that is, peasantry collective). As a kind of civil right, the Rural Collective Land Ownership is the resource of the other rights, which are built from the Rural Collective Land, and the basement of social security of farmer. What to clarify the legal nature of the Rural Collective Land Ownership is the key of resolving the conflict on therural land use system. First of all, the Rural Collective Land Ownership is a civil right, which is adjusted by civil law. As a kind of co-ownership, the Rural Collective Land Ownership embodies the benefit of farmer collectivity. It is a full ownership, and also a civil right, which is confined by the nation interests. The rural land ownership is a special form of co-ownership, and the rural land contract and management right has the nature of Self-use Property. The rural land management contract is the contract, which makes rights clear between the co-owners when they use and manage the rural land.The research intention on the rural collective land ownership system is to solve the issue how to reasonably use the rural land resource, in order to implement the sustainable development of the rural economy. It is the system of the rural collective land ownership that difficultly copes with market economy society of increasingly prominent right. Therefore, by the means of enacting the usufruct the rural land must be transformed into the object of property right, which can be controlled with f...
Keywords/Search Tags:the rural land ownership, the rural land usufruct, contract and management right, the transfer of the usufruct
PDF Full Text Request
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