Research On Real Right System Of Rural Land In China

On the basis of the massive on-the-spot investigations, by using the property right theory to analyze the problems arising from the Chinese rural land system, this article takes the focused rural land problem in the present theory as the research spot, in order to construct property right system of our country's actual rural land.The writer points out the own concept of definition for the rural land property right, and has made the detailed elaboration of the development course and its elementary theory for the Chinese rural land property right system,the writer proposed the vacancy of rural land ownership in the present China rural land system existence, the rights of the protection for the use of agricultural land, the obtaining of rural non- agricultural construction and the homestead right of use, the take-over of land for use or levies compensating the extremely low expense and the rural social security system vacancy. As to the existing problems about the main body of collective land ownership, the true property right of agricultural land, the obtaining of the non-rural construction land and the homestead land, the limitation of the confiscation of the rural land and the strengthening of the protection for those farmers who have lost their land, the author also raised its special recommendations, the writer puts forward the conception and legal suggestion of building the property right of the Chinese rural land and some related land systems on the basis of the synthesis of the above-mentions problems.