Study On The Acquisition Of The Contractual Right Of Land

Since the 3rd Plenary Session of the 11th Central Committee of the Communist Party of China, enormous achievements have been accomplished in economic construction, especially in agricultural economy. However from 1990s on, rural economy stagnates. Many people come to doubt the family contract responsibility system. In the light of the current situation, the author chooses this system as the subject of the paper.There is no denying the fact that due to the immature theory and imperfect legislation of the system, the family contract responsibility system causes some problems in practice: the rights and interests of the peasants can not be ensured; the enthusiasm of the peasants is affected; the development of the rural and the national economy is also hindered. Whereas, we can not say the family contract responsibility system has already be obsolete. It is because of the guarantee function of the family contract responsibility system that we should still hold fast to this system.Because the family contract responsibility system involves too many aspects, the author will discuss this problem from two aspects, namely, the original and the derivative acquisition of the contractual right of land, which concerns the possessor and the user of the contractual right of land, the alienation, inheritance, mortgage, tenancy and share of the contractual right of the land, and land registration etc. so as to make the system more theoretically and legislatively reasonable, and more practically applicable.What's more, the family contract land functions as both the producer and the supporter in the developing rural areas, so in these areas, the principle of"equity taking primacy, while efficiency, in consideration"should be implemented to protect the living rights and interests of the peasants, while in the developed coastal areas, the principle of"efficiency taking primacy, while equity, in consideration"should be carried out. And this is the author's integral design of the family contract responsibility system.