On The Rural Land Use System In China

Last year, in the process of NPC( the National People's Congress )and CPPCC (the Chinese People's Political Consultative Conference )meetings, all the deputies attached importance to "Three aspects of agriculture " which caused wide attention in the society. The shouts of cadre at the basic level that "peasants are too hard, the rural area is too poor and the agriculture is too dangerous " shocked to me deeply. Once Chairman Mao Zedong told us: "Whoever attains the peasants should attain China and whoever solves the land problems should win the support of peasants." Thus demonstrates the importance of solving land problems of "Three aspects of agriculture".In March 2003, Law of the People's Republic of China on Rural Land Contract came into force, this law first entrust a long-term and steady contracted management rights to peasants. In this way, peasants don't worry about countryside collective economy organization taking back the land in various reasons any longer. But since last year, rural land problems and its contradictions became more and more serious. As we all know, after the People's Republic of China was established, step by step, China has set up the structure of dual system towards ownership of land as state ownership and collective ownership. From the development of country, household contract responsibility system with remuneration linked to output liberated productive force and which made agriculture a development by leaps and bounds.But today, it seems that agriculture development is in a bottleneck stage. In order to realize the agricultural second leap, what is the direction of reform? Seeing from the angles of system of ownership, it's absolutely impossible to change system of collective ownership either from theory or reality, so it is do important to improve the farmland usage system. This article tries to put forward a point of view by discussing the vicissitudes of China's farmland usage system, so as to grasp the nature and development tendency of farmland usage system, and the relative theories and problems. As well the preface, mainly stipulates this article's theory presupposition of discussion, that is to deliberate the farmland usage system which on the basis of farmland collective ownership. It will bedivided into three parts to unfold.Part One The vicissitudes of Chinese farmland usage system.This part will divide the development of farmland usage system in China into three parts. First of all, the experience and lesson of the first stage proved that the production should certainly adapt to the development of productive forces. Otherwise, to change ownership blindly will pay a heavy price. Meanwhile, in the development of farmland usage system, peasants' creative ability should be respected. At the same time, the investigation of grass-roots unit and nongovernmental institution should be paid more attention. Second, analyzing in the second stage with the success of household contract responsibility system with remuneration linked to output. Finally, analyzing the condition of farmland usage system recently, focusing on the plural patterns of farmland usage under the reform of farmland usage system leaded by the country. Part Two The kernel of farmland usage— contracted management rightsThis part will discuss the name, nature and content of contracted management rights. The article thinks that "the name of rural land contract operation " should be kept, for its orientation of rural land about the emergence, development and nature. It is unsuitable to analyze the conception via property right and creditor's rights in unadulterated Civil Law of Mainland. However, in the law, it is more beneficial to protect the peasants' rights by orientating contracted management rights towards property. A analyze the right contents of rural land contract operation right at the end of this part. Part Three Some theoretical thoughts about the farmland usage system.This part will be divided into six aspects to put forward viewpoints toward relatively issues about farmland usage system. 1) The choice of China farmland usage system about its value will turn stress onequitableness into laying stress on efficiency.2 ) To propose that the land circulation should be as a supersaturate of land adjustment to solve the contradiction between contracted management rights and land adjustment. Further more, in the arrangement of farmland usage system, a general survey must be on our national conditions, the relationship of equitableness and efficiency should be handled carefully and skillfully. At thesame time, we should ease contradiction of human and land effectively, solve peasant households' basic subsistent problems of no land or less land and take efficient coordinated measures, which are decided by objective economic conditions. So we can't cut it even at one stroke in the whole country.3) The author thinks that every country's resources decide the construction of operation scale. It's a natural evolution of productive forces without imposing its will. We should act as a go-between for the evolution form family-small-scale operation to moderate-degree-scale operation and promote the course of evolution.4) Analyzing the importance of circulation about contracted management rights and the legal relations of contracted management rights in the 'Law on Rural Land Contract' in force5) To put forward present rationality of plural patterns development tendency about farmland usage system and point out that the plural patterns of farmland usage system were organized by country and also led by purposive action while not spontaneous system blazing new trails.6) Give additional remarks to the two problems of relationship between industry, agriculture and rural grassroots cells. The author thinks that the two problems are very important for the development and efficiency of farmland usage system, and even for solving the "Three aspects of agriculture".