System Of Rural Collective Land In China

Controlled and utilized by man, land becomes increasingly rare, though it is the material wealth with the largest quantity. The system of allocation and utilization of things (real right system) is the design and operation of land system that center on land, which is directly related to effective utilization of land and political stability. China has established collective ownership of rural land, but the real right system of collective land remains for a long time untouched. Keeping close to rural area, the author, as a cadre at the basic level with intimate knowledge of current situation, feels deep regret for land speculation and loss of cultivated land and the poorly protected land property of farmers. So it is of great necessity to have a theoretical study on rural collective land system. Academic circle have had enthusiastic discussions on this question in recent years. Many achievements have been made on the study of the nature of collective ownership of land, land use right and right to contracted management of collective land. Some scholars even put forward legislative advice. However, research on this issue still lacks systematicness and objective, which makes people attempt an ineffective solutions and find no crucial points.The paper holds, the question of first importance is to respect the land right of farmers and weaken the power mentality in land system so as to perfect rural collective land system. Briefly speaking, only by constructing a collective land system with real right at the core and reforming present situation that centers on Land Management Law, can farmers' initiatives be aroused and the utilization rate of land be improved. Therefore, the paper starts with present situation of ruralcollective land and makes some reflections, attempting to solve existing problems.This paper centers on the construction of real right system of collective land and explores the nature of collective ownership of land; suggests learning from the theory of coonership to establish new forms of common ownership in China civil law, in which farmers as a whole are the only owners of collective ownership of land; regulate the system of collective land-use right which differs from right of superficies in traditional civil law and form new types of usufructuary right, which will make it real carrier of land property right; separate land right to contracted management from collective land-use right; draw lessons from traditional right of lease in perpetuity and regard families of farmers as subjects of right; reform present land right to contracted management so as to permit lease of it. The system of easement and right of adjacent are mixed up in current civil law, which causes confusion of real right system. So it is necessary to set up independent system of easement, whose construction must be in accordance with protection of land, water and environment, especially, the overall plan for land utilization.It is the inevitability of legal construction to reform rural land system and foster the consciousness of right, and finally take the way to institutionalization of real right. Only by doing so, can this system meet the need of socialist market economy.