Chinese Agricultural Land Use System

In this thesis,we discussed the evolution and innovation of the system of farmland in China. Firstly,we discussed the history of the evolution on farmland tenure since rural reforms in China,to discover the rule of the evolution of famland tenure in China. We also analyzed element of farmland system in China,to appraise the positive and negative effect of the current farmland tenure in China. Based on the before-mentioned discussion,we discussed the basis of following reforms on farmland tenure. Finally,we appraised the viewpoint of changing the farmland contract right to the real right,pointed out some shortcomings of this viewpoint,and brought forward a new project of reform on farmland tenure.In the first chapter,we firstly discussed the land tenure of collective,and pointed out that,as the beginning of current farmland tenure ,the land tenure of collective restricted the freedom of reform on farmland tenure. Secondly we analyzed the current farmland tenure,pointed out that current farmland tenure is multiform land tenure,and the diversification of farmland tenure is unavoidable.ln this chapter,we also studied every important type of farmland tenure,and pointed out the limitation of every type.In the second chapter,we discussed the juridical character of current farmland tenure. Firstly,we pointed out that current viewpoints about the juridical character of current farmland tenure had obvious shortcomings,we considered that we should not use the occidental juridical concept to analyze a pure Chinese system of farmland. So we analyzed element of farmland system in China over again,based on these discussions,we considered that current farmland tenure in China was an informal institution,and partially resembled obligatory right and real right,we also thought that farmland contract right had a lot of character of personal right,was a incomplete property.In the third chapter,we tried to construct the theory frame of farmland tenure innovation.Firstly,we discussed how to reform the land tenure of collective,we thought that the diversification of farmland tenure is unavoidable under collective ownership.Secondly,we discussed the trend of farmland tenure evolution,and pointed out that farmland tenure evolution put up the trend of simplification to diversification,informal institution to formal institution,forced evolution to induced evolution,status to contract,centrally-planned economy to market economy. Finally.we discussed the value judgement of farmland tenure reformation,we considered that,in efficiency and justice,the justice of farmer's essential rights should be fulfilled at first,only when farmer could keep the pot boiling without farmland,should efficiency be considered preferentially.In the forth chapter,we appraised the household responsibility system and the viewpoint of changing the farmland contract right to the real right Toward the viewpoint of changing the farmland contract right to the real right,we pointed out four queries:1 .Unitary real right could not adapt to the complex condition of Chinese contry,also could not protect the righe of peasant in effect,2.The greatest shortcoming of real right is hard-shelled character,so real right might not be necessarily superior to obligatory rigt,3.The pattern of real right could not replace the farmland system innovated by farmers,4.Thepattern of real right broke the primary banlance of benefit.In the end,we brought forward a new project of reform on farmland tenure as a conclusion,the core of the new project were diversification and contract :1.we should respect the innovation of farmers,and keep the multiform character of current farmland tenure,2.We could alter the current farmland tenure by contraband standarize the farmland contract 3.Member rights of farmers should be prescribed in intending farmland tenure,4.Whether the right of using farmland could be transferable or not,this problem could be solved by multiform choice,5.Only reforming the farmland tenure could not obviously increase efficiency of farmland utilization.