Agricultural Land Use System Of Law Analysis

The problem in China is mainly a farmer problem, and the farmer problem is mainly to have something to do with the land problem of the farmer. Under the current constitutional frame in our country, the farmland ownership belongs to the state and collective respectively. So it is costly to resolve farmland problem in our country through the reform of the farmland ownership system, however it becomes the key of resolving farmland problem by downplaying the ownership of farmland and intensifying the using right.Part one, on the fundamental theories on the farmland usage system. Firstly, the thesis analyzes the word "institution", then analyzes the necessity of the reform of the farmland usage system; secondly, analyzes the word "farmland", then point out the difference between the rural land and the farmland.Part two, this author mainly analyzes the current situation of farmland usage system, and then point at the blemishes and imperfects wherefrom.Part three, this author inquires into the present situation of farmland usage system, thinking that system of the permanent tenancies right would offer the better guidelines of the reform of farmland usage system. In this part finally, the author inquires into the kind of rents in the permanent tenancies right and its important meaning in the reform of taxes and fees in rural land.Part four, this author puts forward two kinds of analytical ways of the farmland interests, which is divided vertically into the interests of the state, collective and the peasantry. Another is horizontal analytical way, which is divided into exist interests, capital interests and ecological and environmental interests.Part five, the thesis analyzes primarily the macro-reform of the farmland. This article argues that the current situation of farmland usage system has many blemishes and hereby cannot face the challenges after themembership of WTO. The article puts forward that sharing and cooperative management system is an exit on farmland usage system reform at the collective level in our country.Conclusion part, the thesis thinks that the reform of farmland usage system is only an aspect of resolving the " three agricultural problems" in our country, which requires other reforms such as the tax & fee system, social guarantees system in the village and so on. Otherwise any right can't be realized to protect the peasantry interests. The thesis draws the end with the phrase in the book titled by "the investigation on the peasantry": " it is not the end, big act is drawing apart".