A Comparative Research On Village Land Household Operation Legal Relationship

In China, agriculture,village and peasant are the issues influencing the development of the whole country.The extraordinary reform in Chinese villages has motivated hundreds of millions peasants to work hard and achieved unparalleled progresses like improving the productivity in villages and living standard of peasants in both wealth and culture aspects since China's reform and openning up. However, due to the conspicuous contradiction originating from China's dual city-village structure and the obstacles setting back further reform in villages, there are still more problems to be solved, such as how to improve the regulations on village land operation contract right,how to give better protections to peasants' rights in the land and how to devolop more potentials in China's Villages. This thesis tries to analyze and solve the problems existing in village land household operation legal relationship so as to contemplate on the future of China's village land household operation and give some advice on related legal system.The thesis consists of three parts:introductions, analysis development which are three chapters and conclusion.The first chapter deals with the conditions and problems of Chinese village land household operation legal relationship. Related concepts are defined at first and village land household operation legal relationship is interpreted as right-obligation relationship generated from peasants farming activities in the collectively owned village land contracted by them. Then, the related rules are summarized as follows:the peasants collectively own village land and peasant households have the right to use their portions of land. At the end of this chapter, the problem in Chinese village land household operation legal relationship is clarified as the conflicts between collective ownership and peasant households' land operation contract right in the village land. This analysis is developed from the perspective of village land appropriation and expropriation.The second chapter is a comparative research on village land household operation legal relationship in different jurisdictions.At first,U.S. village land household operation legal relationship and its merit of maximizing utilization of land are introduced. In U.S.,farmers'rights in village land are protected by national agriculture policies and laws. Then, Japanese village land household operation legal relationship is introduced. Japanese government administers village land and also protects their farmers' rights in the land. And Japanese Farmers' Association serves as a bridge between farmers and market.At last, China's condition is compared to the two countris.The third chapter deals with mode choice and law improvement concerning China's village land household operation legal relationship. At first, the village land household operation mechanism should be persisted and small-sized farm should be developed, based which professional cooperative economic organizations and community cooperative economic organizations should be fostered. Then, based on the judgement of village land household operation developing mode,the collective ownership nature of village land shall be the foundation of outside relationship of village land household operation and peasants'sound land contract and management rights shall be the foundation of inside relationship of village land household operation. And the collective ownership nature of village land shall be the top priority in social security issues concerning peasants. Finally, the reconstruction of community cooperative economic organizations should be the ultimate solution to the problems in China's village land household operation legal relationship.