The Lawful Thought To The Construct Of Land-Use Rights For Farming

The farming land system in China come through such a course: from individual ownership of property when the People's Republic of China was founded to teamwork system in the middle 1950's, then to collective ownership of land, then to the innovation of household responsibility system in the late 1970's , finally to today's collective ownership system whose center is responsibility manage system. It is ideal in the early and middle system that adopted a rigid administrative mood "collective ownership ,collective using and enjoying", which cause the efficiency of land exploitation and rural productivity lower. Today's system accelerate the development of rural economic and the efficiency of using rural land resource by reforming peasant collective-ownership institution of farming land and establishing the system of "collective owner, peasant using and enjoying". However, the system of Land-Use rights for Farming whose center is responsibility manage system was established by strength of peasant collective in special historic conditions and lacking in theoretical background and designation of system. As a result of its insuperable defect of lacking in law background, this system can neither resolve the problem of "agriculture, countryside and peasant" , nor reforming the rural economic regime.It becomes a common sense that reforming farmland contract by the theory of Real Rights at present. But it is still a question how to reconstruct the system of rural land rights in the structure of Real Rights in our country's unique social economic circumstance. This article will try to search after the constructive pattern for Land-Use Right for Farming by analyzing the defect of the system of land rights for farming nowadays and the social and economic circumstances which limit the designation of system on the base of reality of development of rural society in our country.This article is divided into three chapter in addition to Introduction and Epilogue.Introduction expounds the reasons for writing and research methods of this article.Chapter â… :Analysis of the System of Collective land rights for Farming in China Today: it points out defects of the system and its bad consequences incurred on the base of the summary of the formation of the system.Chapter â…¡:The General Structure of Land-Use Rights for Farming: it points out the basic premise and key point of the reform of land rights system in China, at the same time, it expound the tendency and macroscopic project of constructive pattern for Land-Use Rights for Farming.Chapter â…¢:Studies on Microscopic Questions of Constructive Pattern for Land-Use Rights for Farming: it discusses some important questions in constructing the patterns for Land-Use Rights for Farming, including the definition of rights , subject of rights, content of rights and so on.Epilogue emphasize the foothold of designing the system of Land-Use Rights for Farming in China.