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The Research On The Evolutive Laws Between Ownership And Management Rights Of China's Rural Land

Posted on:2012-11-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:L LanFull Text:PDF
GTID:1119330368979965Subject:Political economy
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The relationship between the two rights of rural land is the relationship between the ownership and the management right. If we reflect China's rural development history systematically, we would find that the every step of the reform and development of rural land of the countryside used the relationship between the ownership rights and management rights as the core. Based on Marx's political economics as the theoretical foundation, in the paper I tried to analysis the two rights'relationship's development process to undertake the historical and realistic. Through systemic analysis and logical deduction, I tried to reveal the general operation rules, characteristics and basic development tendency of the two rights evolution. I hope that the shortages of rural land two rights theory could be made up and some theoretical guidance for our country rural land two rights future developments would be provide in the certain degree.The farmland relationship of two rights includes following process: during the slave society, it developed from primitive society's common occupying and sharing to separation of the two rights under the system of all the king'property; and during the feudal society period, it evolved into the separation of the two rights under the system of landlords'ownership. During the new democratic revolution period,the land reform makes the relationships of the two rights of our country evolve to unify under the farmers'private ownership. During the period of the socialist revolution, it evolved into separation of the two rights under the farmer private ownership system ;and during the senior clubs and people commune period, it became to unify under the collective ownership ; Since the reform and opening up and after the household contract responsibility system, it evolved into the separation of the two powers under the collective ownership.Through the evolution process of the two rights, we can get the contents of the regular pattern: (1) the evolution of the two rights is decided by the request of the development of productivity. Not only from the overall perspective, the development of productivity decided the evolution of the two rights, and it also dominates the relationship between the productivity and other productivity, and also decided relations between the individual productive force and production. (2) The interaction of the production elements promotes China's farmland two rights'evolution.Ownership of the means of production is the systemic premise of our two rights'evolution; and the economic system has very important effect on the two rights evolution of our country farmland. (3) The superstructure has important role on the evolution of the relationship between the two rights. And the political superstructure and ideology also have the important influence on it. (4) The core of the two rights of China's farmland is interests'relations. The principal interests'relations promote the evolution of China's farmland two rights, and in different development levels of productive forces and under the systems of ownership, the earning rights and the rights to the capital of rural land is also changed with the evolution of the relationship between the two rights.The law is always the objective existence behind the phenomenon, and the two rights evolution of our country farmland also conformed to the general economy rule features in external form : due to the particularity of land factors of production, the complexity of land rent's expression, and many kinds of factors causes that the external performance of two rights evolution rule our country farmland are more complicated; and because the form of implementation on the relationship of the two rights are complex , and the diversification and unification of between the two rights of our country farmland exist, and the land rental is also multiplicity, that causes the external performance of the rule on the two rights evolution of our country farmland are more diverse.Only when the revolutions of the two rights of the farmland comply with the law, then that would promote the agricultural productivity and the overall development of productivity. But when it was violated, the productivity will be damaged, which can be confirmed from the development of Chinese history, and it also can guide our future development. The two rights of farmland is the relation between person and person based on technique, and it reflects and affects the benefit relations between the main forces, and it also reflects and influences the social class relations, the relationship between urban and rural areas, the relationship between workers and peasants, the social fairness and efficiency. If we could use this rule rightly, it will help us to coordinate these relations, and to promote the development of social economy.The relationships between the two rights must conform to the objective requirements of the development of productive forces. And we should respect farmers'interests, and to raise farmers'productive initiative and the enthusiasm; and to stick to fairness and efficiency under the system of socialist market economy. And the future development of the relation of two rights of our country farmland are bound to the stability of rural land collective ownership basis, and in a fairly long period of time, the separation of the two rights of farmland will always exist. As farmers'ideas for land management enhanced, and the right of land circulation to operate and development is regarded, and the role of collective in the scale of operation is strengthened, the separation of the two rights of rural land would return to collective management. And the long-term trends of the transformation are bound to develop from the separation of the two rights gradually toward the two rights'unification.
Keywords/Search Tags:rural land, ownership, management right, law
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