The Research Of The Rural Lands System In China

Problems of lands, especially that of Chinese peasants, are always bothering China in history. The change of societies and dynasties is the result of these things. After the struggling of farmers for lands, the system of ownership on rural lands comes into being which satisfies what the peasants want about lands objectively. With the development of economy, especially the establishment of market economy, it shows more and more insufficiency under the civil law and administrative law. Such as the function of one-sided system, the limited development of productive forces, destroy and waste on land resources. There are some shortcomings about solving the defects by civil law and administrative law, but it has special advantages from the view of economy, protecting of environment, sustainable development for updating and improvement of the current system. And also it can learn from western countries such as France, Germany, Italy and Japan. So the system of lands in China should be improved by distinguishing the system of right. Chinese government must insist two types of land tenures, one is national tenure and the other one is collective tenure. We also improve the status of collective tenure in law and make sure the peasants could have the droit of lands totally so as to balance these two kinds of rights. The usufruct of the lands in village is analyzed for its define and signification and make sure the lands could be used absolutely and efficiently. These measures have great realistic significances for the updating on the system of rural right, for protecting the land resources and making use of it efficiently.