| China is a large agricultural nation with 900 million farmers, the rigid restraint with more people and little land has always become an unable to avoid and significant issue throughout the Chinese economic development. The core question of "three agriculture" is the farmer land question, its essence is also the farmer land property system question, it not only relates the countryside the security and stable, also how relates the agricultural modernization and the development question, what is most basic is relates the farmers' income to increase with the life improvement question. However, Chinese countryside land property system, although has had been through the ups and downs of the system changes, until the 21st century's today, the farmland property system question still became the core question of puzzling "three agriculture". Farmers relentless abandoned land, "the large-scale management" and Land expropriation with compulsory, causes the peasant have land or have people, but both cannot plant; the farmer benefit suffer eliminates, the life loses the safeguard, all sorts of questions initiate the strongest voice with "the farmer finally really painstakingly, the countryside is really poor, the agriculture is really dangerous" at present. In view of these questions, the academic circle, the political circle as well as other social group gives the enormous attention, appeals to only when "the farmland property right to return the farmer" can solve effectively the series question with the puzzle "three agriculture", and proposed reform ideas and position. The elaboration as if has respectively the full reason, some viewpoints are similar, are close, and even mutually oppose, and argues strongly based on reason by the respective viewpoint or the position, the attack even denies other people's viewpoint, then which is right and which is wrong, which one is good and which one is bad, its reason lay in found the fact support "the farmland property right returned the farmer". Only making clear the theoretical basis, historical basis, the reality basis, the farmland property right to return farmer's concrete countermeasure will be discovered.The numerous scholars hold that "the farmland property right should return the farmer", but still the scholars to throw the sound attack "why to apportion the land the farmer". The standpoint with sharp opposition causes the government policy decision-making being in the condition of "dilemma" and "hesitates". Therefore, seeking the essence of "the farmland property right to return the farmer", must get to the bottom from the higher theory stratification plane or the economic philosophy stratification plane, and causes the people reaches the consensus in the theory knowing and policy making. In the economic philosophy stratification plane, the innumerable thinkers and the scholars are committed to the essence studies of "the farmer land property rights". Chinese tradition economic thought glitters the farmland property right to return farmer's thought spark all, in spite of different historical periods, with "the caring for the people", "enriching the people", "guaranteeing the people" and et cetera, has not changed the essence of Confucian economic thought with humanist. Mencius proposed that has the property to have the perseverance; ZhuXi thought that "has the property to have the kind-heartedness"; Sun Yat-Sen advocated that "the cultivator has its field". The west has the economic philosophy thought about the farmland property right with systematically. The basic social division of labor is the prerequisite of what the farmland property right returns farmer (Plato); the reason that the farmer has own property is because the farmer has exerted the industrious work (John Locke); all these are the talent rights and person's absolute rational existence (Hegel). Marx from the dialectical materialism and historical materialism's angle embarking, proposed "person's essence", "people are the historical main body", "the people are the historical inventor", "people's sovereignty thought", and "the farmer enjoys the land producer goods right". These become the ideological foundation of what support farmland property right to return farmer. In theory tool surface, the basic supposition with "economic man" is a premise of the theoretical analysis, and carries on the thorough analysis with the angle of "the social person", fully using the transaction cost theory, the new system economic and the Marxism economic , Simultaneously, making use of modern technology tool, for example, frequency analysis, the card side examination, the overlapping contingency table analysis, the factorial analysis, and the Logistic regression analysis, in order to support the research proposition about article with systematically and scientifically.The returning farmland property right to farmer really has profoundly intrinsic regularity. However, talking system design with "the rationalization", is inevitably "the water without a source", and "the wood without roots", and also degenerating into "Plato theory rigid theorizing" by eliminating the condition of concrete space and time scope. Therefore, the farmland property right returning to farmer is firstly based on "the historical practice". Several historical proposition with "specious" puzzles the people frequently, and causes the people to fall into the senseless argument for a long time. First, the farmer land property right is the independent existence, or coexisting; Second, farmer is whether to have the complete land property right in history; Third, no matter who the farmland property right does turn over to possess, the farmer does have the natural right of use; Fourth, the farmland property right has not returned the farmer whether to cause the historical tragedy to repeat. In view of these questions, this article inspected the practice of the farmland property system from ancient times to till now, and discover that the Chinese farmland property system presents the characteristic with diverse. Longitudinal looked from the historical development, the independent shape has not existed in the country land ownership, the collective land ownership and the personal land ownership, and the multiplex coexisting situation is very obvious. Crosswise looked from the historical development, sometimes displays for the two-pole ownership of taking "the country all" or "private" as the main body; but also sometimes displays for third-level system of ownership with the coexistence of national, collective and the personal. Even the "average cultivation" and "enjoys together" of the Taiping Heavenly Kingdom, and the "absolute public" of the collectivization is also the special performance with the two-pole system of ownership at essence. The national ultimate ownership has not changed throughout, the collective altogether is also quite common, the land property right private widely exists. Farmer does not obtain completely, independent property right, the absolute private ownership does not exist; the farmers have the natural land employment right. However, the private of landlord and bureaucrat often submerges the land property rights or the right of use of the farmer's land at the feudal society leading by the upper class and the social outstanding people. Namely the farmer does not suffer from the system of private ownership of land, but suffers from the landlord and bureaucrat private eliminating to farmer private; The reason that causes the annexation, the peasant uprising and the historical tragedy of the dynasty change, is not farmer private, but is the bureaucratic and landlord land private, which infringement farmer land private. Therefore, the returning farmland property right to farmer is historical logic. when the farmland property right returns the fanner, the farmer life may obtains the safeguard, the society is stable; but when farmer's property right benefit encounters harm, the historical tragedy once more will often repeat.Marched into the 21st century's China, the farmland property system still becomes the fundamental question of puzzling the rural economic development. The numerous scholars pointed out that the serious defect of current farmland property system lies in empty set of the property right. For example, each kind of laws and regulations to the main body of farmland property has different connotation, cause the farmland property right main body to be slurred; The farmer does not have the property rights, the only right of use's rights and obligations is asymmetrical, the right of use with creditor's rights nature and the regular farmland adjustment enables the farmer to have incomplete property; the farmer may past own land, but because the farmer does not have the land ownership, there are many excuses of compulsory or the non-voluntary farmland circulation or the farmland taking over for use. Because of this, the farmer does not enjoy the benefit, but causes farmer's to receive the injury at the farmland circulation or the farmland requisition. However, which benefits does the farmland property system empty set causes farmer's to receive the injury, general qualitative showing lets the human feel a heartfelt admiration with difficulty, so that influence the rules and regulations of farmland property system with correct. Therefore breaking through the existing research model, will be conduct the quantification research in order to propose the rules and regulations with scientific and the pointed system. By carrying investigation on Jiangxi 3 counties (Wuning, Yongxiu, Nanchang), 6 villages and towns (LuXi, Henglu, Qiujin, Aicheng, Jiangxiang, Naxin), and discover: First, the benefit Of farmland property rights hasn't touched to the farmer; Second, the deficient stability in right of use affects the farmer to realize benefit maximization. Although the frequency adjustment in the sample area is fairly better to other places, but unstable tendentiousness similarly also affect the farmer's long-term investment, and affect the farmer to carry on the urbanized labor force shift thoroughly; Third, the farmland circulation has not brought the more capitalization incomes to the farmer. Because of worrying the stability at farmland right of use or the right of management, the farmer do not want to carries on the farmland circulation, namely the farmland circulation's proportion is low, the farmland circulation's object is more in this village, and the farmland circulation's types are rents, the exchange, other subcontracts, joint stock system. Some farmland circulation with large-scale is the government compulsory circulation particularly. Namely, the farmer doesn't want to exit the land. Therefore, on the one hand, the farmland circulation's degree is low; on the other hand, the farmer capitalization income was very low, the compulsory circulation will even worsen farmer's survival condition. Fourth, the other rights of farmland did not have or only partial allocate for the farmer. The farmer hopes to have the right of inheritance, and to give up the right of inheritance to urbanization's farmer or the children; The farmer does not have the mortgage, but the farmer has already carried on the land mortgage, although the proportion is very low, the high proportion farmer hope them have the farmland mortgage; The farmer does not have the land business power, but the farmer hoped that has the power of the land to buy and sell, and the fanner does not hope to sell, because the farmland is shouldering farmer's basic survival safeguard.The academic circle has the numerous scholars to devote in that how to carry on the system rules and regulations to safeguard the farmland property right benefit. Because each one holds the different on the value judgment and the particularity of study's object, there is the big difference in property system and property pattern. Although different degree of all may play the role in maintaining the farmer land rights and interests, what the system establishment exists the intrinsic flaw has also limited full realization in farmer land rights and interests. Therefore, based on the analysis and comparison of various system design is proposed, based on the specific "farmland property rights system of peasant" regression suggested. Therefore, this article proposed more concrete system suggestions in returning the farmland property right to the fanner, based on the analysis contrasts. First, in the long run, advocating in composite property rights system with hierarchical and diversified, that is to say, what entrusts the fanner with the farmland actual property rights is the farmland property system's fundamental transformation. Namely, at the macro-level, the country is the ultimate main body of farmland property rights, and peel general property rights of collective organization; In the medium level, cancel its collective property rights, entrust main body status with its property right management; In micro-level farmers or farmer group is the actual main farmland property rights. Secondly, attributing to understanding barriers and the anxiety in the people mind, the benign policy which ensure the stability of farmland use is a good choice, namely, to ensure "the real right" direction of farmland use. In specific policy, pays attention in guaranteeing the long-term characteristic and the stable diagnostic method at farmland right of use; eliminates the contract with "the creditor's rights", establish the contract with "the real right"; enrich connotation of "the real right" right in farmland right of use. The key of returning farmland property right to farmer is land transfer which takes the farmer as the main body. That is, to ensure that farmers are the main body of farmland transfer. As long as both sides are willing, the government and the cadres should refrain from interfering in short period farmland transfer; but the long-term farmland transfer, must be approved by the signature of farmers, simultaneously peels the government and the village collective to participate directly or acts the fanner to fulfill the signature behavior, lets the government and the cadre transform the benefit assignment into the supervisor and maintenance person of the farmer benefit. To ensure that farmer is the stable management main body. After the land transfer, must guarantee the "true" farmer manages the farmland, avoids "the abolition of farmers as the main, but to companies and enterprises as the mainstay", and also must ensure the principle of giving priority to local farmers in order to avoid the neglect of the subsistence right to local farmers. To ensure that the farmer is the benefit main body, such as the farmer obtains the management wages and enjoy the profit to draw bonus after farmland circulation. Fourth, there is the other system establishment in the farmland property right returning to farmer. Such as, "land levying compensation + social security" to guarantee the legitimate interests of the farmer's land to realize; "two legs" walk to safeguards and limits the farmer to the farmland right to development; Carry on gambling by taking the peasant organization as the carrier is an important safeguard mechanism of the returning the farmland property right to farmers.The returning farmland property rights to farmer, is the highest economy request and dream of the masses of Chinese farmers for centuries, the innumerable capable person has carried on the rigid pursue and the exploration all for this reason. The countless wise ruler of the feudal dynasty also unceasingly carries on the farmland property right to return farmer's system practice. Historical practice proved repeatedly, when the farmland property right return farmer, the farmer enjoys a good and prosperous life, the social stability, the dynasty is prosperous; But when farmer's property right benefit encounters eliminates, the history will then deduct the farmland annexation, the land centralism, the peasant uprising and dynasty changing. Throughout the 20th century, the Communist had carried on the practice from "having its field for the cultivator", "the implementation of farmland collectivization", to today "the farmland practice of two power separations", difficult disciplines repeatedly again causes the Communist to understand deeply: only the farmland property right return farmer, the "three agriculture" question of puzzling on rural economic development will be able to obtain the fundamental solution unceasingly. Now, the Chinese government has focused on the reform practice for farmland property rights returning farmers. The numerous scholars and social circles also committed to return farmland property rights for farmers. Open academic research, bold practice explorations, joint effort of academic circle and political circle diligent, we believe that at the foundation of theory and practice blend, we will refine the scientific , foresighted, the pointed system for returning farmland property right to farmers.
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