The Inspection Of Justice To Rural Land Regime And Reform Path To Explore

As China is a developing country, although the rapid development of urbanization and industrialization,problems on agriculture, rural areas and peasants are still the key problems of all. That is why, every year, the Document No. 1 of the central authorities pays much attention to the “Three Rural Problems”. “Stability is the core of the Party's basic policy on rural land problem.” Therefore, the topic in this paper originated mainly from two aspects, one is the care for China's “Three Rural Problems”, and the other is the rational rethinking and carding of the existing literatures on China's policy and theoretical practice. The purposes lie in the rethinking of China's current rural land ownership regime systematically, examining its values from the perspective of legitimacy and putting forward rational reform proposals. After a brief discussion of the significance of rural land regime reform, the article makes a systematic analysis of the theories and makes a comparison of the regimes of land ownership, puts forward the route choice and regime proposals to push forward the reform of China's current land ownership regime in five chapters.The first part, “Starting Point and Terminal Point: Theories of Justice as an Analysis Tool”. This part intends to establish the value measuring tool in order to carry out the justification inspection of China's rural land ownership regime. To lead a justice life under the justice system is tireless pursuit of human beings since ancient times. Because of their different living environments and understanding, the understanding and definition to justice among different genres of ancient and modern times, among Chinese and foreign scholars and even ordinary people are controversial, but they never stop the exploration and practice of justice system. This part briefly makes an introduction to the history of the justice theory origin, outlines the mainstream justice thoughts in ancient countries in the west and China, and focuses on the three main justice theories, such as justice of utilitarianism, liberal justice and the justice of Marxism. Justice theory of Rawls is emphatically introduced. The author reviews various justice theories somewhat insightfully in order to establish the logical connection to the rural land regime inspection in the later part.The second part, “Analysis and Review: Theoretical Investigation into China's Current Rural Land Regime”. The author simplifies justice or just into value dimensions of liberty and equality as measuring tools and analyzes the current rural land regime from the angle of political ethics, justice and legal right. This part respectively examines the legitimacy of China's current rural land regime under the theories of utilitarianism, liberalism and Marxism, and recommends Rawls' s justice theory. The author points out the irrationality of current rural land regime based on the applicability of Rawls' s justice theory and the reverse reasoning of current rural land regime. Finally, this paper puts forward three layers of legal rights of justice, makes an analysis of the basic rights and development rights of farmers and the development rights of the nation and the society on the rural land, reveals the development disorder between urban and rural areas and areas in the east and west in China today and points out the regime defects of China's current rural land regime. The analysis and review in this part are important innovative aspects of this paper.The third part, “Present Situations and Reflection: Practical Investigation into Current Rural Land Regime”. The author makes a concrete analysis of the erosion to farmers' rights of the current rural land regime. With the aid of empirical method, the author points out that the “one-size-fits-all” rural land regime is a profound lasting neglect to farmers' economic rights, social rights and migration rights and other rights. The author reviews the academic research and achievements in the field of the theory and practice since the reform and opening up of rural land regime reform, makes a commentary on the academic achievements and social practice and points out that the current land system is inconsistent with its corresponding reform and rapid urbanization process in China.The fourth part, “Comparison and Reference: Comparisons of Rural Land Ownership Regimes”. Based on the theoretical analysis, the author desires to find out the reference experiences on the rural land regime reforms in the vertical and horizontal comparisons. This part introduces four aspects: the first is an introduction to the representative rural land regimes in the history of Chinese Xiashang Dynasty, Qin and Han Dynasty, Sui and Tang Dynasty, and dynasties after Song; the second introduces the history of the land system of the communist party of China; the third is to investigate into the rural land regimes in the capitalist countries such as Britain, the United States and Japan; the fourth introduces the rural land systems in the transformational countries such as Russia, central and eastern European countries. On the basis of comparative analysis of various rural land regimes, the author points out that the overall evolution of rural land regimes reveals that rights were enriched to the contents of rural lands and the management forms were perfected continuously. Its fundamental goal is to promote the modernization of society as a whole, promote the economic and social harmonious development and overall progress in individual countries. The fundamental factor to decide the rural land regime is the level of productivity rather than ideology. Rural land regime itself does not determine the social nature accordingly.The fifth part, “Path and Prospect: Building the Classified Ownerships Regime of Rural Lands”. Based on the comprehensive investigation and analysis of China's rural land regime, the author proposes the reform mode of categorized ownerships of rural lands, the basic meaning of which is to establish different land ownerships on the collectively-owned land according to its natural attributes and the nature of rural lands. Basic rural lands in the major grain production areas shall be in the ownership of the state, and farmers can contract to plant agriculture permanently. Rural lands in the mountain and hilly areas shall be owned as private property by peasants, and they can buy and sell the lands freely according to the law concerned in addition to the right of land circulation. House Sites in rural areas will be personally owned property by peasants. The purpose of classified land ownerships is to entitle peasants more land rights, promote the free flow of market, and melt dual gaps in the history and the reality under the irreversible historical trend of urbanization. This paper designs corresponding regimes for promoting classified land ownerships system in the end.In the conclusion part, the author also makes a brief analysis of issues such as “private land and farmers' rational self sustaining”, “selection of simple land rights and complex land rights” and “classification models of classified rural land ownerships”.