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Our Country's Rural Land System Study

Posted on:2011-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z L HeFull Text:PDF
GTID:2166330338975398Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The reform of rural land system of legal regulation, gradual deepening of China's economic reform and the changing social-economic patterns at home and abroad this increasing attention, writing more articles.And as law, economics and sociology are becoming more and more closeing, promoting interdisciplinary research in many areas of the commencement of a rural land reform law and economics and sociology to explore, study areas, the law in many countries home economists and sociologists are writing.Western countries have adopted the generally private land ownership, land property rights, legal regulation of development in early so more perfect, its regulatory system and the regulation of culture is more developed, its land system of legal regulation in particular as a property right to the protection of research results is also up, we also draw on many of these research results.China's rural land system in the reform of the legal regulation of issues, the need for western countries to understand and study the land property, mainly to be concerned about from the following two aspects:First, the absolute individual ownership of the coordinated development of social and individual aptitudes; In modern times, the land ownership system has experienced an absolute inclinations from the individual ownership of social ownership, further coordination of social and personal development process.Second, the emphasis from land ownership to the importance of land use; in the early vesting of property rights system is centered, with the social and economic development, property ownership system as the core seems more suited.On the one hand such a foothold in the property rights system has always been to protect the static property ownership and domination, no longer meet the needs of modern social and economic development;On the other hand is the relative scarcity of material resources of society, not law gives ownership of the resources are scarce, people have can not be found without the main thing, especially without the land, to achieve the production and living needs.More and more people must use the resources of others to achieve their own needs. However, the absolute nature of ownership has greatly limited the use of resources of non-owner does not comply with social welfare, not suited to the development of society.Therefore, the adjustment of property rights system must, reflect the establishment of a member of society the pursuit of efficiency and equity and for the benefit mechanism recognized by the community, both owners and non-owners of the two interests.At present, China and incomplete property rights of agricultural land and land acquisition system on the imposition of land ownership, directly undermines the right to land contractual management as the core of the agricultural land property system, leading to the market mechanism can not properly configured to play the fundamental role of land resources, seriously hampering the the pace of building new countryside in China, so the current rural land system reform is imperative.The author's theory of property law with new knowledge to guide China's current reform of the rural land system, the first of detail in the paper there when the introduction of the theory, put forward the theory for solving the problem of rural land in our country may be feasibility and Necessity, after the focus back to the article of rural land system reform.That is, the "dual structure of property rights" under the guidance of the theory I put forward the reform movement and the mode of conception. In this paper, strictly follow the "dual structure of property rights" theory under the guidance of the author made some bold concept, structured, relatively strong operability of the current rural land system in the solution to the problem exposed in a highly targeted and thoroughness.
Keywords/Search Tags:land reform, land property right, Agriculture Production, land-use right, real rights
PDF Full Text Request
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