Study On The Transfer Of The Usufruct Of Our Conuntry's Rural Collective Land

In recent years, with the constant promotion of reform and opening-up, the sustainable development of agriculture of our country and rural economy, especially agricultural industrialization rises and promotion which the rural laborer shifted , which is praised as " the third Agrarian Revolution " is circulated and accelerated, the scale is expanding constantly, the form is varied . Our country has a large population and a few land, regional disparate development, an important content of agricultural modernization is the appropriate scale of operation of land, Specialization is planted. From the land resource flows and disposes, the distribution in current land management and system of controlling do not meet the needs of disposing resources in market economy;the land key element disposes time long, with low efficiency, the transaction cost is too high, and the land leave unused coexists. Accelerate land can promote of our country agriculture from peasant's mode of production to industrialization, change and move forward the urbanization to intensify to circulate. Our country has already joined W T O, is both opportunity and the challenge for agriculture of our country and rural economy. On the whole challenge is greater than the opportunity, according the commitment of W T O, our country will cancel such non-tariff measure as the quota, license imported and implemented to main agricultural products, etc. progressively, and agricultural products will be pushed to the international competition stage finally. Our country's farmland system established under the collectives of period of people's commune, its basic content is: The rural land belongs to collective, farm production household responsibility system. Because resources in the countryside of China are restrained, land management is not only a kind of means of managing, but also a kind of life style for peasant;these must determine rural land system "based on fair ". So, how to lead, standardize the rational circulation of the right to use the land, it is a present great subject for us. This text just studies the problem based on this background.The full text is made up of introduction, main content of four chapters and conclusion, altogether six parts.Chapter one Introduction It have explained background , purpose and meaning in which this text studies, has summed up the domestic and international research dynamic status in introduction, have confirm the basic thinking of this text and analytical method, has pointed out the possible innovation of this text, offer the basic preparation for follow-up study of this text.Chapter two the summary of the farmland transformation Have explained the meaning of the land transformation at first, the land transformation mean family management transfer. Its meaning is that peasant with the power of land management transfer the power of management of land to other peasant households or economic organizations , namely keep right of contracting , transfer right to use. Secondly has introduced relevant basic theories that the agricultural land transfers, including land ownership, right to use the land, his real right, land rent theory of Marxism, land value and theory of price of land. At last put forward the market mechanism, point out the best way of the rational distribution of resources that is a market mechanism.Chapter three Current situation of the farmland transformation Have summed up the realistic scale of farmland transformation, analyzed concrete data of the regional farmland transformation and brought forward nine representative ways.Chapter four the existing problem of the farmland transformation First of all, sum up the problem of present farmland transformation, put forward seven kinds of questions with universality. The question which involves politics, law, social economy, objective environment and a human factor too has made a detailed instruction to the question. Secondly analyze the reasons in farmland transformation, it is in many aspects why the question produces, summing up has three following respects: the mechanism defect makes the farmland unable to transfer smoothly, the legal defect makes it dose not guarantee each side's rights and interests in the farmland transformation;in land utilization" The dual track system " and the rareness of the land causes land value to go up, the land speculator of every interest group cause the land dispute to increase day by day.Chapter five the idea of the farmland transformation The land has the problem that how to improve productivity effect as the factor of production. But if make peasants lose land in order to increase the benefit, need to consider conscientiously. We will handle the land well as the factor of production and therelation between them of the social security. Our country has a large gap of development inside, so handle this problem well according to the actual conditions of all parts. In the competent place of economic development can consider more benefit questions of the land, Consider peasants' existence guarantee more in the place where the economic development level is lower. However, must realize peasants own the land, must respect peasant's right in land. From the viewpoint of the aforesaid, this chapter has put forward the basic principle that should be followed in the farmland transformation, Include the register principle, the land ownership principle, the paid principle, the fair principle, the volunteer principle, the efficiency principle and circumstances permit the principle. Take the basic principle as the instruction, also proposed the measure to promote the farmland transformation. Including the land ownership and usufruct are separated clearly;Foster the service organization of the intermediary, set up the market mechanism;set up scientific land rent and evaluation system;set up the rule of using the land;guarantee the rationality and continuity of the policy. Establish the peasants' living guarantee system quickly.