The Legal Structure Of Rural Land Rights In China

Land Reform carried on in the country, together with State-owned Enterprise Reform in the city, constitutes the two main themes of the economic reform in China.Firstly, in my essay, I made an analysis of the farmers' slow increase in their income in the recent years, pointed out that the root reason of the phenomenon lies in the implausible layout of the land system in the country and suggested that the reform should focus on the economy system with the land system as its center. However, the goal of the land reform is undoubtedly to establish the model of land management in accordance with the requirements of the market economy and the model is bound to reveal the relationship of the law-constrained land rights. Then, I analyze the conception of right composed of due rights and legal rights. The former is prior to the latter. So, the recognition of the land rights is the goal of the land legislation.Then, from the viewpoint of the historical materialism, I analyze the historical changes of the land ownership, attempting to reveal the three factors for the land ownership. Combined with the reality of the Chinese society, I think the land reform should stick to the priority of efficiency compared with the social justice. And the latter may play a greater role in the social transition. Here, I conclude that as to the reform of the land ownership we should insist on the collective ownership of the land.Social justice determines the land ownership while the principle of efficiency determines the land application. Therefore I propose that we should change the present land use rights into real rights. Then I made a comparative analysis about the practical alternatives of the land use system.Lastly, I further point out that the realization of land rights depends on some state power. Based on this, I analyze the two related systems that can promote the reform of land rights.