Law Sociology Investigation Of The Contemporary China's Country Land Right System

With the quickening of China's market-based process, Chinese society has already begun to take place great transformation: market economy system is now replacing planned economy system stepwise; dual society main structure system of the state and the society is now replacing the society main structure stepwise; trend of urban and rural areas integration is now breaking the separating structure of urban and rural areas. Under such social background, the country collective ownership system that engendered on the period of planned economy and the household contract responsibility system that started on the beginning of 1980s less and less met the request for the development, and become big obstacles of agricultural industrialization, country modernization and denizenation of farmers. Consequently, the reform has been already very urgent.The article concentrates on the angle of sociology of law, and.adopt the analytical method of jurisprudence and sociology of law. Have analysed and summarized multitudinous system defects and value contradictions which exist in the land right system of contemporary China's rural areas in an all-round way. On this basis, the article regard value rationality and form rationality of which were required modern legal system as the standard, have proposed five basic principles of reconstructing the system of our country land right: the principle of separating private right from the national public power; the principle of integrating separation and coordination of the public law and private law; the principle of combining justice with efficiency; the principle of integrating the inherition with innovation; the principle of giving priority to localisation. The article hereby have proposed carrying on " shareholding system " to reform the country collective ownership system, and set up the idea of the collective legal person's ownership system: first, stock the value of land- change peasant into the shareholder, and build equitable value pursuing, and to realize the social security function of land; second, factuality of the main body that own the land material object-change collective organization into collective corporate organization in order to contenting the request for optimizing the distribution of resources of market economy and realizing the value pursuing of efficiency; third, democracy and scientism of the collective corporate organization-carry out the pattern of management. Finally, the article put forward some legislative suggestions about usage of country land and reform of the power circulation.