The Research On The Institution Of China's Rural Land Property Rights

Rural land property rights system is the core of the problem of farmers,and the establishment of the modern property rights system which is sound, have the clear property rights attribution, have the clear rights and responsibilities, as well as can smooth flow, is not only conducive to the maintenance of collective ownership of rural land, and consolidate the basis of collective economy status, but also conducive to the stable development of rural society, and promote the building of new socialist countryside, as well as more conducive to the achievement of the objectives of the socialist modernization. Thus, the issues of rural land property rights system have important theoretical value and practical significance. The full paper is divided into four parts:The first part introduces the rural land property rights system's basic theory. I interpret the connotation of the property rights.By learning the different concepts that Western and Chinese scholars defined, we understand that property is the collective concept of the alleged property rights and the legal form of expression of economic ownership, which includes property ownership, possession, dominance, the right to use and disposal proceeds to right the relationship between the form of ownership of the scientific and rational system of property rights, is used to consolidate and standardize the commodity economy in the property relations, bound by the economic behavior of people, commodities and economic order to safeguard and ensure the smooth commodity economy running right tools, and we understand these three characteristics of the property rights which are the rights of exclusiveness, separation and transfer.At the same time, I systematically analyse rural land property rights system from its concept, characteristics and requirements. Finally,we understand the relevant theories of the property rights of rural land.The second part is the analysis of the status quo of China's rural land property rights system by reviewing the changing course of China's rural land property rights system.As an innovative system, the household contract responsibility system has vigorously promoted the development of agricultural production in China and fully mobilized the enthusiasm of farmers. However, with advancement of the level of rural productive forces and the gradual promotion of agricultural mechanization, the limitations of the household contract responsibility system gradually exposed. the main shortcomings of China's rural land property rights system are: 1. The ambiguous main land property rights, incomplete property rights of farmers; 2.the instable land contract relationship,frequent adjustment of land; 3. the unreasonable the land transfer , inefficient allocation of resources; 4.the imperfect legislation agricultural land property rights system.The third part respectively analyses the reform experience of rural land ownership of Russia, Japan and Taiwan,as well as the enlightenment to China.Firstly,Russia'reform made us realized that reform must not be divorced from national conditions and should not copy other nation's model,and agrarian reform is a systematic project, the lack of supporting reform measures, property rights reform in isolation it is difficult to obtain the desired results. Followed by Japan, Japan's reform is the inspiration for our family-run impact of agricultural land is the main form of business, but in the course of business with the objective conditions to mature gradually step-by-step expansion, do not be achieved overnight success of paranoia to avoid hurt farmers'enthusiasm to product. Finally, Taiwan's agricultural land reform told us that as long as we keep the property rights system of innovation and change in a timely manner, can we adapt to the level of development of the rural productive forces, give full play to its effect of the system and make the sustained and stable agricultural production coordinated development.The fourth part is a combination of the above parts, by analysing all the measures at home and abroad, and through a comparative analysis of the experience of other countries and regions based on the relevant measures put forward to China's rural land property rights system of related measures to improve. Major initiatives include: 1. Clearing rights and obligations of land ownership's principal; 2.Establishing a sound land-use right transfer mechanism; 3. Establishing a multi-level social security system in rural areas; 4. Promoting construction of the relevant laws of China's rural land property rights system.