A Study On The Legal System Of Rual Land Ownership In China

From the angle of safeguarding individual farmer's civil rights on rural collective land, the dissertation renders a systemic research on such problems as the formation of collective land system, the existing legislation, exertion of farmers'rights on land and further proposes that rural communal legal person land system should be established. The dissertation demonstrates that regarding issues of encroachment on farmers'rights on land, it is truly necessary to reform the current rural collective land system with theories of civil law.Since the existence of racial society, the establishment and operation of land system according to ownership and land-use rights have had an important effect on social development and people's interest, as well as social stability. Land belongs tightly to wealth, so people strive for it, even by war or compromisement. The burst of Chinese farmer's revolutions during all the past dynasties and the alteration of dynasties during feudal times were all from land problem. The democratic revolution with the leadership of PRC and the reform and open policy nowadays all succeeded as a result of successful solutions to land problems. Nowadays, land problem become a focal social problem again in China. Rural land problem is always an important part of our rural work especially in the 21th century. Continuous years of "No.1 "central authorities document are all aimed at " three problems about agriculture, rural and peasant ",which shows the degree of our focus and the importance of land problem. The basic solution to "three problems " is that our government should research rural land system fully and systematically. Because the reform price of land ownership system is too high, which even could lead to agricultural or social violent instability. The authorities repeatedly and more emphasized the innovation and reform of rural land use-right system.Based on the foundation of Chinese rural collective land ownership, this dissertation renders a systemic research on such problems as the history of Chinese ancient and modern land system as well as their influence, contrasting the different land systems between USA, England and Japan. As well as their influence, analyzing two kinds of land system in modern China, pointing out the problem in collective land ownership,carrying out the solution is that China should reduce the collective degree of rural land and establish family permanent contract system according to some principles.This paper is divided into six chapters, the first chapter an overview of land ownership system; second chapter of rural collective land rights of China's early history of back; third chapter of foreign land ownership system in comparison; fourth chapter of China's current rural land ownership system; Chapter V China's rural land ownership system, legal system, it ought to be; Chapter VI Conclusion.