Research On The Circulation Of Rural Land Use Rights In China

With the development of the rural economic system innovation, the household contract responsibility system has been a hinder to some extent. Scholars begin to find a way out for the rural reform from the discussion of the rural land ownership and the right of use. Ownership is the most important part of land right, but the right can not go beyond the social economical structure and the social culture which is restricted by the former. To implement the common wealth and prevent polarize, China should insist the public ownership of rural land, and the scale management of agriculture can not be implemented by the privately-ownership of rural land. So the focal point of the rural land system reform has been transferred from the land ownership to the right of use. First, by analyzing the ownership of the rural collectively-owned land, the public ownership of collectively-owned land is confirmed, and it is also the precondition of how we discuss of the Circulation of Rural Land Right to Use. Second, the Circulation of Rural Land Right to Use is indispensable and feasible, it is not only the need of solving the issues concerning agriculture, countryside and farmers, but also meet the need of the scale management of agriculture, the agriculture modernization and the international challenge, especially in the opening economical environment now. Meanwhile, china has been qualified in implementing the Circulation of Rural Land Right to Use concerning economics, system, policy, law. Third, from the current situation, the existing problem involving the lag law of the Circulation of Rural Land Right to Use, some closed regulation of the Circulation of Rural Land Right to Use, the absence of the subject of the rural land ownership, the vague nature of the contracted management right and the mandatory circulation which damages the farmer's interest. Fourth, to solve the problems above, the paper lodge the law countermeasure to improve the Circulation of Rural Land Right to Use, if this standardization can be implemented effectively and ordered, the purpose to release farmers from land, improve agricultural productivity can be achieved. In order to assure the deep development of the Circulation of Rural Land Right to Use, there are also measures in economics and sociology.