Study On The Contemporary Transformation Of Rural Land Property-right Institution In China

This thesis discussed the contemporary transformation of rural land property-right institution in China. The dissertation analyzed the evolution outlines and tendency of the contemporary transformation of rural land property-right institution in China in different periods. Based on the discussion above, we brought forward a new project reform of the innovation on rural land property-right institution in the future.Firstly, we summarized the character of different historical periods and condtions in erery reform of rural land property-right institution, to conganize the historical process of institutional transformation. We discussed and analysed the motivities,characters of property-right institution arrangement and efficience concretely. We accounted that there were five historical phases in rural land property-right institutional transformation: the remains of private rural land property-right institution; the happening of cooperative rural land property-right institution; the fluctuation of communal rural land property-right institution; the development of HRS(the farmer household contract responsibility system) rural land property-right institution. We discussed the legal character of current farmland tenure in the light of institutional transformation. We considered that current farmland tenure in China was an informal institution, and also thought that farmland contract right had a lot of characters of personal right, was an incomplete property.Based on the discussion mentioned above, the dissertation evaluated the actuality of rural land property-right institution in China, analysed the diversiform styles and variegated tendency, and pointed out the necessity of innovation of rural land property-right institution in China. Then, we reviewed the property-right theory of Marxist land joint-stock. With this theory, we appraised land joint-stock system, which was a new style of rural land property-right institution in China, and pointed out some disadvantages of it.Finally, we gave the viewpoint: with the background of great development of rural economic cooperative organization in China, we must reform the land collective style with the land joint-stock system.