The Path Selection Of Changes In Chinese Rural Land Ownership System

The core of"Three Rural"problems is land. The solution to the"Three Rural"problems depends on the development of land system and related policies. The land problems are closely associated with the Rural Collective Land Ownership. Therefore, the research on the problems makes great sense. The Chinese present rural collective land ownership system has deadly flaws and the flaws make the Chinese present rural collective land ownership get into the severe dilemma of system. It severely sets obstacles to the smooth social and economic development. The reform on Collective Land Ownership System becomes a consensus in the theory field.This test altogether is divided three parts.Part one: Collective Land Ownership System current situation and present main problem. This assay analyzes questions which collective land ownership exists from the legal logic angle. The faintness of subject of collective land ownership is one of the main questions of collective land ownership existence. The concept of subject of ownership, namely"farmer collective", is not definite in legislation. The legal quality of subject of collective land ownership is not clear. There is another question about the collective land ownership that the ownership power and function is overly and unreasonably limited in legislation and land's expropriation system is not adequate to the protection of collective land ownership.Part two: Analyzes the several reformation schemes of collective land ownership system. The academic circles have carried on inspection and research to the collective ownership system thoroughly, proposed different reform schemes in view of all sorts of questions that the rural collective land ownership has. Mainly includes: Unchanged the existing institutional framework, giving it new meaning through the reform; set aside the disputes, practice the reform of usufruct of land; Abolish or partial lifting of the collective ownership of the program. These schemes are not the best options that suit to the current state of China.Part three: Making more detailed and deeper analysis on the necessity and possibility of nationalization of rural land ownership and sets forth the guiding thought and general principles for the establishment of the nationalization for China's collective land ownership based on the national conditions. When the ownership changed to the state, we should give farmers the right to use. At the same time, we should change the Contract Management System to the Permanent Tenancy, giving farmers Permanent Tenancy.