The Research Of Legal Issues On Chinese Rural Private Plots

The private plots system came into being in the period of Collectivization of Agriculture. It had been greatly praised in that highly concentrated era of planned economy. Nevertheless its limitations got a more distinct shape while the property attributes of land getting their own highlights. The maturity of rural lands'operating system and advancement of the socialist market economic system also made their contribution. On the one hand, disputes related to private plots enhanced gradually, one the other hand, theoretical research and legislation on private plots turned out deficient extremely, which formed the situation: numerous, problems left unresolved. What were the exact legal deficiencies on private plots? What were the exact causes of disputes? Where did the value of private plots lie? What did it stand for? How to exactly resolve these problems in present Land Law background? All are up to be got find out. The focus of recent legislation only moved to the ownership change the right to operate the rural land contract and transfer of house site use right, seldom mentioned the private plots. This paper gave a systemic introduction and analysis on background of private plots'existence, from system conditions to ideological roots, on its historical progress and its qualities and significance, upon which, gave a deep probe on attributes of certain related legislations in collectivized period and of nowadays. In end of this paper, limitations on institutional level and legislative defects had been expanded, reformation suggestions were provided naturally.This paper is composed of three parts.The first part gave a brief background of its emergence national and international, the basis of its ideological roots and a brief portrayal of legislations of private plots three phrases: practice and popularization, tortuous development, restoration and stability. Last came to the attributes, value and significance in collectivized period.The second part probed the usufruct of private plots and the exact characteristics: deficiencies of the use right, specific identity, gratis, unlimited duration; probed the exact compositions of the right to use private plots, regulated rules and the legal relationship of private plots. Finally, an example had been cited for the conclusion of the distinctions between private plots, have sites and contracted land. The last part summed up the regular disputes and analyzed the cases: a prime cause was the antiquated system plus the legislation defect, all of which resulted in the disorder. Based on the theories and practices of reform on recent rural lands, the anther attributed his train of thought: (1) The cancellation of constitutional protection of private plots, amendment for the Articleâ…¡, correspondingly the related articles on"Land Regulation Law";(2) Change the private plots into lands by contract and pay attention to their integration;(3) Reasonable compensation after the integration.