Law Study On The Reform Of The Village Land System

The present rural land system (the family-based contracted responsibility system) has already been more than twenty years ever since it's basically established in early 1980s' . However, during this period, this system has lost its efficiency and even obstructed the further development of rural economy and society extremely. Although we have had some tries and reformation about the rural land system for more than twenty years, being constrained by the considerations for various realistic factors, generally we can say that the reformation of the rural land system has been in the state of "hibernation".There are many problems in the present rural land system, and the main aspects are as following: firstly, the rural land use right is usually infringed by the arrangement of the present rural land system which centralized by the right of land ownership. Secondly, the collective ownership of rural land has lots of defects. And thirdly, comparing with the rural land ownership, the right of using land (the management right of the rural land contract ) itself exists many shortcomings. Finally, the problem of the rural social security, which is the basic of the present rural land system, has failed to be resolved by the current rural land system.From the perspectives of both the rural land ownership and the rural land use right, this paper analyzes and discusses the problems of the present rural land system firstly, and then put forward one's own thinking to the goal and direction of system innovation of rural land in the future. This thesis is totally divided into four parts as follows.Part I : Outlining and analyzing the history changes of the present rural land system from the Communist Party of China was established. Retrospect the history, we can see clearly that the nature and principle of the present rural land system and thus find and draw more beneficial history experiences and lessons for the reform of the rural land system.Part II: From the both angles of the theory and practice, this paper gives a multi-aspects criticism to the defects of the present rural land system. The criticism is mainly about the arrangement of the present rural land system which centralized by the right of land ownership, the defection of the collective ownership of rural land system in equity, the failing of the present rural land system in efficacy and the exploration for the system of land use right Avoided the land collective ownership everywhere.