Study On Chinese Subject Legal System Of Rural Land

The legal systems of new China have been developed progressively in long-term revolutionary struggle, so there is no exception in land system. The Communist Party of China had established the basic program of nationalization in land policy at its beginning of establishment. The land policy was being changed constantly with the development of revolutionary situation, but the goal was still to realize the nationalization of the land on the whole. Under the pressure of the revolutionary situation, in order to unite all strength that can be united to the maximum extent, and to try to capture the victory of the revolution as soon as possible, Communist Party allowed the existence of land's private ownership limitedly during the later stage of Land Revolutionary War and Anti-Japanese War. While on the later stage of Liberation War and the early days of foundation the new China, Communist Party pursued the land policy of "Distributing the Land to Tillers", and implemented land reform to acknowledge the private ownership of land legally.The private ownership of the land was denied progressively with the promotion of socialist transformation. Among the People's Communalization Movement, the Party and government utilized peasant's appreciation to government and some peasant's demand of helping each other by cooperation, to change the land's ownership to collective organization and select civil servants to manage it. From then on, land's private ownership had passed out of existence in China.At the end of 1970s, people began to break through rural land mode of "three-level ownership", and tried to find out the contracted responsibility system what was confirmed by the Center Government later. At the beginning of 1980s, the Central Committee of the Communist Party of China released five "No. One" files in succession that established and consolidated the new rural land policy of the family-contract responsibility system, and was written into the legal file subsequently.The core of the current rural land system is the collective ownership of the land, that the ownership was belonged to the rural collective economic organizations while the usufruct of the rural land and some income right was distributed to members of the organizations by the contract between them. But the country (the governments at all levels) controlled the ownership of rural land firmly by the direct law stipulate and legal administrative power. The result was that the true owner of rural land was not the collective economic organizations but the country (the government at all levels). There is obvious contradiction between the legal practice and law text that initiated a series of social concerns.There are reasons in many aspects to cause this contradiction, such as historical reasons, the political ones, the economic ones and the ideological and cultural ones, etc.We should reform the whole current rural land legal system and cancel the rural land collective ownership that has already existed namely for a long time, to resolve social concerns of disjoint between the theory and practice of rural land ownership subject system. We should make the country to be the owner of rural land at all.