Study On Property Right System To Rural Land In China

In China's several-thousand-year farming society, land was always the core factor in social economic system. The land system is the key inner variable that affects China's historical development trend. At present, China is a country with poor land resources, such problems as agricultural and rural economic development, the country's grain safety, the protection of peasants' lawful rights, the transfer of rural labor force and the construction of new villages are all closely connected with land problem.The land reform that was carded out at the beginning of the New China changed the land system of Landlord Owned while Tenants Managed, and it also formed the land property rights structure of Farmer Owned and Farmer Managed. This Systematical innovation united farmers' land ownership highly with managing rights, income rights and punishing rights, and it made good systematic contributions under special historical situation. In the following stage of agricultural production's mutual cooperation and elementary cooperation, the relationship between agriculture and land took on the trend of the separation of ownership and managing rights, while peasants 'rights of ownership, use and income towards land were also fairly complete. In the stage of higher cooperation, especially after the establishment of the people's commune in 1958, the land system reform featured by socialization was carded out in China's villages, and it formed the land ownership structure of Collective owned and Unified Managing, while farmers' rights of ownership, use and income towards land were no longer existed. In late 1970s, China's villages began to establish family contracted responsibility system with remuneration linked to output, and it experienced all the concrete form of specialized contract, fixing of farm output quotas for each form and household and all-around contract for each household, and this kind of system was established as a formal systematic arrangement in1984 all around China, and its main spirits and basic form lasted till today. In post-contract period after 1984, the concrete systematic arrangement took on several new forms, but the basis of the property rights didn't change fundamentally.China's twenty-year family contract managing system didn't establish distinct and stable farmers' land property rights systematically, thus it couldn't become the systematic basis that could protect peasants rights. Such problems as the land budgeted by the collective, the rights broken of farmers' land property rights and the low level of organization of the scattered peasants caused by dim rights of rural land collective system and the land requisitioned by the country caused by the land system of dual system of ownership have become the systematic source that caused the farmers' land property rights to be damaged continuously in recent years. In these years, during the course of the adjustment of the rural industrial structure, agricultural industrialization, scope-managing and urbanization and industrialization, village groups ended the land contract at will, they took back at free or illegally transferred or rented peasants contracted land, and they forced peasants to invest with their land and interfered peasants decision-making power of managing. The grass-roots government and village groups requisitioned peasants contracted land at will and encroached on peasants lawful rights, and all these have led to the increase of the rural land issues and have become the outstanding contradictory that affected the economic development of agriculture and rural areas and endangered the rural society's stability. Therefore, to establish an effective modem farming land property rights system, to perfect the system and to protect peasants lawful land property rights are not only the practical way to deepen rural reform and solve the three rural problems but the important task to be studied by the theory circle.In the research, the author utilizes the pattern of systematic analysis and the theory of property rights economics, he inspects the changes process of China's land property rights system, and also analyzes the mechanism and systematic defects of the land property rights system, then he analyzes the factors that affect the arrangement of the land property system, and puts forward the ways to construct modem land property rights system. The contents are as follows:In the first part, the author sets forth the theory of system and property rights system, and he discusses both the components, function and changes of systems and the function, characteristics and the decisive factors of property rights construction, then he points out that the basic characteristics of modem property rights system are clear belongings, explicit rights and responsibilities, strict protection and smooth circulation. And he also elaborates the features, contents, functions and the evolving process of the farming land system, and sumsup the characteristics of the farming land property rights system in market economy countries.In the second part, the author reveals the historical changing process of China's farming land property rights system, and he analyzes the disadvantages of the feudal land property rights system and the historical significance of the farming land's private ownership at the first period of New China, then he dissects the farming land property rights relationship in the period of cooperation and people's commune and its economic merits as well. He thinks that the farming land property rights system in this period was changed compulsively by the government, and the ideology preference plays a decisive role in the changing ways of the land property rights system. This kind of property rights style strengthens the country's control of rural economic society, but it brings forth some negative influence on agriculture and the development of rural economy.In the third part, the author elaborates the features of family contracting out managing system, and at the same time, he analyzes the systematic defects of nowadays farming land property rights, then he finds such problems as dim subject in property rights, incompletion of rights, poor stability and circulation, low efficiency in farming land management and imperfection of law etc.In the fourth part, aiming at the two predicaments that are faced in perfecting the collective ownership of farming land and the privatization and nationalization of farming land property rights, the author puts forward that the purpose of constructing modem farming land system is to make clear the property rights. And the style available is to seek a relatively dependent, stable and expanding right of using the land, the concrete train of thought is to clearly distinguish the farming land property rights' relationship, to advance the capitalization of the right to using the farming land, to realize the market transaction of the farming land property rights, and simultaneously to fasten the law construction of the protection of it. In ways to be chosen, the author thinks that we should first establish the right to use the farming land, and then we make the right to use materialization and the style of the land managing varied. To construct an insurance mechanism of modem farming land property rights is to cultivate modem peasant groups, to make the government play a leading role in constructing modem farming land property rights system, to strengthen the economic system reform in rural areas, to establish and perfect such conveyance systems as social insurance, rural public finance and village management etc.