Research On The Legal Issues Of Capitalization Of Rural-land Using In China

China is a traditional agricultural country, so the rural land use system is directly related to the development and stability of society and economy, and it is also the prerequisite to solve the "three rural issues". Since the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China held in1978, the country began the universal implementation of household contract responsibility system in rural areas, which played a very active role in activating the rural economic vitality and alleviating food shortages. However, with the implementation of economic reform, household contract responsibility system has been unable to meet the needs of the socio-economic development, becoming the bottleneck to restrict Chinas economic reform and development. Some places in Chinas rural areas have started a new exploration, such as enhancing the productivity in rural areas and the rural land utilization rate by the capitalization and marketization of rural land, so as to adapt them to the needs of market development. As a result, it is of important practical significance to research the relevant legal issues about the capitalization of rural land using.Rural land not only has the basic functions of production and protection as a productive factor, but also exists as a capital element. Capitalization of rural land using refers to the process of investing rural land in the market as a capital factor to capitalize it, giving full play to its advantages as resource and maximizing the value. Essentially, capitalization of rural land using is the capitalization of rural land using rights, i.e. the capitalization of the farmers property rights on their rural lands.Through the review of domestic and foreign history of the capitalization of rural land using, it is believed to be the inevitable trend of historical development and the inevitable outcome of the development of social productive forces to a certain stage, which is in line with the socio-economic development, and also can be accepted by our country.In the current situation, there are some defects in our countrys rural land using, such as the obvious contradiction between urbanization and rural land using, loss of rural labor force resulting in the low utilization rate of rural land, imperfect agricultural land property rights system and circulation of rural land using, which seriously impediment the reform of market economic system, so it is necessary to change and transform our countrys rural land using in the form of capitalization. Capitalization of rural land using is conducive to the optimal allocation of land capital, accelerating the development of human capital in rural areas, promoting the adjustment of industrial structure in rural areas and the development of urbanization process.Rural land using systems as an important legal system should reflect the legal values of security, fairness and efficiency. Existing rural land using systems deviated from the legal values while the capitalization of rural land using is precisely in line with the value of the above three, so China’s rural land using should be capitalized on the basis of safety and fairness to establish the system of values in which efficiency first, safety separating from efficiency.In the existing situation, the capitalization of rural land using appeared in a variety of forms and means, including land leases, joint-stock land, Land Trust, which are in accordance with the legal value and conducive to maximizing the value of rural land use. However, it is only in the exploratory stage not being replicated across the country because of the lack of legal support, so it is necessary to be improved.The first step to improve the legal system of the capitalization of rural land use in China is to separate the agricultural land property rights, which is the prerequisite to improve the system. The system should be improved from the macro and micro aspects. In the macro level, we should improve the rural land use laws and regulations and build sound regulation mechanism of government behavior; whereas in the micro level, we should optimize agricultural land leases, improve the rural land shares in cooperatives and realize the land use rights securitization.