Thought On Agricultural Land Transfer In The Systematic Reform Of The Present Agricultural Land In China

This paper firstly reviews the history of China's agriculural land system evolution, followed by further analysis of the pros and cons of existing agricultural land system and the positive and negative effects of the actual operation, and then proposes its solutions and paths and, finally, the theoretical and practical significance of the agricultual land reform. In particular ,the paper points out China's non-viability of private ownership of land ,the solutions to the major problems related to the agricultural land reform and its institutional arrangements.Based on the analysis and research of the reality of the present agricultual land system in China, this paper proposes the further transferable ways and procedures of the agricultural land and ways of how to regulate the transfer of the agricultural land. With a scientific attitude and dialectical thinking, based on the Chinese present agricultural land system and the status of farmers﹐ life, the paper tries to seek the intrinsic motivation and external influence of the transfer of the agricltual land, combined with China's basic economic system and national conditions .From the point of the legitimate rationality and comprehensive analysis, the contingent status and feasibility of the transfer of the agricultual should be concluded.By the administrative, economic and legal means , the principles and procedures of the agricultural land reform should properly be regulated.The aim of writing the paperfor the related departments is to provide a theoretical reference and basis for formulating lawsand regulations to the certain related departments.The paper asserts as follows:Steading and perfecting of the System of Household Contract Responsibity is the focus of the agriculural land reform. The System of Household Contract Responsibity, giving famers the authority of production and operation, is consisten with the characteristics of agriculture production itself and the law that the relationships of production must meet the requirements of the development of production forces.The System of Household Contract Responsibity can adapt to not only the intensive traditional agriculture using manual labor but aslo the mordern agriculture using advanced science and technology. It's full of adaptability and vitality so we should carry on with it for a long time. To keep the System of Household Contract Responsibility, the core is to make it stable and improve the land contract relationships.However, the system is not the end of the rural economic reform. On the contrary, the beginning of further reform.The Household Contract Responsibity system itself needs improvement and innovation with the development of rural productive forces. At present, in the contracting process, we should solve the problem of the division of land fragmentation and the transfer of land ownership, define the benefit and responsibity relationship between collective and household, coordinate the relationship between land protection and household contract, as well as the relationship between household contract responsibility system and macro-management. The contractual right to the agricultural land is actually a kind of material right. The right of this kind should be transfered freely and legitimately. Stability of the contractual rights to agricultrual land and establishment of effective mechanism for land transfer is the core institational innovation and reform, under the premise of improving the rights to land property system. Based on making this system stable, land reform far-reaching and its institutional innovation, we can improve land ownership system.In the form of buying a share, to achieve the transferable right to the land contract will be positive in improving land contract operation system and production development. Among all the shares models, land shareholding cooperative system is typical. Land contractual right as a share can create new mechanism of the allocation of resources, which can overcome the limitations of decentraliced management. In practice, we should follow the following principles.The first principle operating in practice is that the original usage of land shouldn't be changed.The second principle is that we should make use of land according to local conditions.The third principle is that we should use land based on reality.The fourth principle is that famers don't bare the risk of land share.The fifth principle is that famers should be guided to organise it voluntarily.In rural area, with the large size of land being intensively managed, agriculture productivity can be enhanced greatly. Also, a large number of surplus rural labors would be transfered into the second and tertiary industries in the last. More importanty, this process can solve various problems related to land acquisition operation, which also sences as the joint point of maximizing land use and social equity.Therefore, the circulation of the right to agricultural land contract should be suitable for local situation, appropriate time and different household by adopting moderate means and by taking account the needs of agricultural development and the desires of people involved.