The Innovation In The Policy Of Rural Land Property Rights

Land system is the most fundamental systems restricting agricultural and rural economic development, and rural land property rights system is the core of the rural land system. Whether the rural land property rights system is reasonable or not is directly related to the effectiveness of rural collective ownership, the rational allocation of rural land resources, realizing the effective combination of farmers and land, and to mobilize peasants'enthusiasm. This paper begins with the basic theory of property rights, combined with China's rural economic development reality, based on the analysis of the historical evolution and problems of China's rural land property rights system, and analyzes the underlying causes of the problem in the framework of the property rights, drawing on the experience of Japan and Taiwan with the similar resources condition as our country in agricultural land reform of property rights system, it draws some conclusions and presents the basic path of agricultural land property right reform, and gives policy recommendations accordingly.This paper consists of the following five parts:The first section is the forward, which mainly introduces the background of problem-posing. On one hand, central government adopts laws, regulations and policy measures to protect the land resources, and implements the most strict farmland protection system to safeguard the rights and interests of farmers,on the other hand, the case of violating the rights and interests of farmers appears frequently. The author believes that system is the core of the land issue. The existing rural land property rights system should take responsible for the out of control of land resources development and utilization and unprotected of the farmers'basic rights. Therefore, in-depth studying of rural land property rights system reform, actively exploring the effective form of rural land collective ownership, and constructing a reasonable agricultural land property rights system have great significance to fully and rationally use and protect limited land resources and achieve the stability and sustained agricultural development.The second section analyzes the basic theory about rural land property rights system and the review of articles. Firstly, it analyses from the basic theory of property rights, that the property is a set of rights, including property ownership, use, receipts and disposal, with the proceeds, divisible, exclusive, transactions and integrity features. Correspondingly, it has the functions of incentive and restraint, resource allocation and configuration. In order to clarify property rights and to define property rights, it is necessary to establish appropriate rules and codes of conduct, that is, property rights system. Secondly, it analyses the rural land property rights system and its components. Land ownership is the sum of all the rights about land property, based on land ownership, and the land use right is at the core. It is a land power beam composed of all kinds of rights, including land ownership, land tenure, land use rights, land revenue, land disposal, and such basic rights. Meanwhile it introduces the composition of the rural land property rights and the specific meaning of the rural land property rights system. Thirdly, it reviews the study of the Chinese scholars on rural land property rights system. With the defects of existing agricultural land property rights system, and using the ownership of agricultural land as the criteria for the classification, the study of Chinese scholars can be summarized in three main points : the privatization of agricultural land, agricultural land nationalization, and upholding and improving the agricultural land mass of all.The third section analyzes the evolution, situation, problems and causes of rural land property rights system in China. Firstly, it analyses and compares the evolution course of agricultural land property rights system. Reform improves the development of productive forces, but there are still serious problems. Secondly, it expounds the situation and problems of rural land property rights, and analyses the causes of these problems from the perspective of the features and function of property rights. As the core of agricultural land system, whether the agricultural land property rights system is perfect or not is not only directly relates to agricultural development, but also affects agricultural efficiency of the allocation of resources, thereby affecting economic and social development. Thirdly, drawing on the experience in agricultural land reform of property rights system of Japan and Taiwan, it draws some inspirations: First is that stability, clarity, integrity of the rural land property rights system are crucial; Second is stabilizing agricultural land ownership system and promoting the agricultural land property rights movement of the market process; Third is that the rural land property rights system reform needs corresponding sound legal system for land protection; Fourth is optimizing the operating environment of rural land property rights system; Fifth, we must establish a real sense of the peasant organizations.The fourth section gives the path and innovative arrangements of rural land property rights system reform to choose. First it points out that we must seriously study the history and analyzes the changes of system in the past, the choice pool and the cost of the existing system, so that we can work out an efficient policy to break the inefficient balance of the system, and achieve full performance of the system reform. Meanwhile, under the premise of adhering to the collective ownership of agricultural land, we should further improve the agricultural land property rights system. We should clarify the main title of ownership, establish long-term, stable agricultural land management rights, speed up the adjustment of property rights structure, construct reasonable, orderly mechanisms for the transfer of agricultural land, guide farmers to establish their own organizations to express there interests, and strengthen supporting systems. In short, the basic idea of the agricultural land property rights system reform in China is finding the way to achieve the peasants land ownership, based on reserving the public ownership in the village. Secondly, it specifically analyses the innovative arrangements of property rights system. First is clarifying the main collective ownership; Second is completing rural land use rights; Third is constructing reasonable and orderly mechanisms for the transfer of agricultural land; Fourth is improving supporting reform measures for the agricultural land property rights reform.The fifth section is the conclusion. We should further improve the agricultural property rights system, under the premise of adhering to the collective ownership. We should clarify the main title of ownership, establish long-term, stable agricultural land management rights, speed up the adjustment of property rights structure, construct reasonable, orderly mechanisms for the transfer of agricultural land, guide farmers to establish their own organizations to express there interests, and strengthen supporting systems.