Establishment Of Real Right For Rural Collective Land

Agriculture, which is the basic department of China, is the country and the dumb millions. Land problem is the key of agriculture. It is the important issue and key factor that how to arrange the land system. After 20 years development and system reform, the new rural land system has been formed which infuses energy into agriculture production. With the development of society and economy, the unreasonable factors such as illegibility of collective land proprietary, default of proprietary of principal part, deformity of right of proprietary, characteristic for creditor's rights of contract and management, problems in the progress of collective land transition etc. in present rural land system has appeared, which has come into being the obstacles of further development of rural economy and steady of rural society. Especially after the China's entry into WTO, the drastic competition in the international commodities market brings new challenge to China's present land system and management system. This dissertation, aiming at the default of the system, would discuss the way of reform of land system and the development trend on the basis of rethinking China's rural land system and relative. As a result, the real right of collective land will be established by using the theory of real right. In the discussion of this dissertation, the system of real right and its development in China would be introduced firstly. Secondly, the problems in the rural collective land system would be discussed and finally the advice of establishing the new rural collective land system would be given according to the principals of establishing the real right of rural collective land.The basic framework of the rural collective land proprietary right should include the establishment of the proprietorship,the usufruct and the security interest of collective land..For the proprietary right, on the basis of adhering to the collective proprietorship of rural land, the principal part and its representatives of proprietary of rural collective land should be made certain. Meanwhile, to ensure the rights of proprietor and strengthen the proprietary of rural collective land, the scope and conditions for the nation to expropriate collective land should be limited strictly.For the land usufruct, the operation right of farm land should be transformed into land usufruct and usufruct of collective construction land should be established base usufruct。 For the security interest, to boost investment in the country, the security interest of collective land should be formed and the land should be allowed to be mortagaged according to the law.