Actuality, Problem And Development Countermeansures Of China's Land System

Land, which is foundation of agriculture and farmers, is the most basical capital goods of agricultural production. The land reform greatly promotes the farmers'enthusiasm, protect their rights and boost agricultural development. Since 1949, China has gone through a system transition with characteristics and has undergone three land system reforms: farmers ownership land system, team ownership land system and present family contract responsibility land system which is based on the land ownership and operation power. The reform′s experience can be summarized as the following: farmers have the land ownership and operation power------farmers have the land ownership and team has operation power------ the team has the land ownership and operation power------team has the land ownership and farmers have operation power. The land contract out reform, which is naturally supported by Chinese farmers, greatly emancipates the productive forces, promotes farmers'enthusiasm and contributes most to changing tense food supply situation. The article reviews the land system transition and analyses all kinds of situations such as the land reform developments, achievements and prominent problems during separation of the land ownership and operation power. The author focuses on studying the prominent problems of current land system and advances a series of countermeasures to improve land system and protect farmers'rights.The study shows that there are mainly three problems existing in the tenure of land in China: Firstly,the problems in land ownership: the ownership of land is not clear,the ownship of collective land is only nominal,and the farmers' legal rights cannot be guranteed; Secondly,the problems in the transfer of managerial authority of rural land :the transfer process is not normative,the intervention from administrative authority is serious,the legal norms about transfer is deficient and the farmers' rights is impaired in ransfer;Thirdly,the problems of confiscation of cultivated land:the system of confiscation is far from perfect,the cultivated land is confiscated and used wrongly,the standard of compensation is very low, the confiscation of cultivated land and the use of confiscation fund is not transparent enough and the farmers losing land is lack of social security.In the author's opinion, three ways should be considered to resolve the problems mentioned above: firstly, we shall continue, perfect the...