Research On The Reform Of Rural Collective Land Property Right System From The Perspective Of National Regulation

The reform of the rural collective property rights system is an extremely important political issue in the process of China’s modernization.At present,various disciplines such as economics,political science,sociology,and law focus on the hot issue of reforming the rural collective land property rights system:or concerns about the market-oriented reform of the property rights of rural collective land,or emphasizes the political attributes of the public land ownership,or pays attention to the significance of collective land to farmers’ rights and social order,or focuses on the unclear property rights issue of collective land.This article argues that there is still a national regulation right over the property rights of rural collective land in China,and attempts to analyze and explore the difficulties and outlets of China’s rural collective land property rights institution deeply from the perspective of national regulation.The scarcity of land resources and public interest has determined that the property rights of China’s rural collective land are not purely private rights in civil law.The special nature of land requires a combination of public power and private rights,that is to say,national public power’s intervention on private land rights(collective land property rights).The state can achieve political,economic,or social targets under a specifichistorical condition through the regulation of rural land property rights.Therefore,national regulation is the key to analyze the reform of China’s rural collective land property rights institution.The study found that the historical laws of the changes in China’s ancient social land property rights system can provide historical experience for the reform of the current rural collective land property rights system.The ancient land had experienced a historical evolution process from land ownership regulation(Xia and Shang Zhou)to both the land ownership and income rights regulation(Sui and Tang Dynasties)to land income rights regulation(Song Dynasty).It reflects that the regulation of land property rights in ancient China gradually evolved from a single political goal to economic and social goals.History proves that land property rights are different from general property rights and have the property of incomplete property rights,that is to say,national public power’s intervention on private land rights.Under the background of social transformation,with the deepening of industrialization,urbanization and marketization,especially the historic transfer of rural population,the rural collective land property rights system is facing historical difficulties in reform.The current property rights system of China’s rural collective land under national regulation mainly contains the regulation to the collective land ownership,to the contractual rights,and to the right to use the homestead.In view ofthat China’s rural collective land property rights system still carries the basic stability of the rural social order,the final survival guarantee of the rural migrant workers who failed in the city,national food security,ecological protection,and other major strategic tasks,the basic strategy to reform should be the followings: Firstly,we should insist on the national regulation over the ownership of rural collective land;Secondly,the immediate goal of the reform of rural land contract rights under the current historical conditions is “Separation of three Types of Rights”,that is to say,to strengthen the regulation of contracting rights and to relax the regulation of land management rights;and from the perspective of the long-term goals of the reform of the land contract rights system,it is necessary to relax the national regulation of land contracting rights to avoid the unreasonable phenomenon of millions of urban citizens as rural collective members with the progress of urbanization.Thirdly,under the framework of the reform of the “Separation of three Types of Rights”reform model for rural homestead,the government has adhered to the national regulation of homestead ownership and qualifications in traditional agricultural areas,moderately relaxed the regulation over the Homestead use rights to increase the income of farmers property,and accelerated the relaxation of the regulation of the use rights of suburban villages and urban village homesteads to solve the challenges of small property houses.In short,the state must stand on the level of politics reform the rural collective property rights system and carry out strategic thinking and top-level design with historical depth.Under the framework of national regulation,practicing a limited land market economic system,insisting on the rural collective land ownership system,gradually relaxing the national regulations for the use rights and income rights of rural collective land,and liberating the energy of land and farmers as the vital elements of productivity.