On The Reconstruction Of Rural Land Property Rights System In China

Property right including the basic contents of the property rights, which involve the relation of right and benefit between equal ownership bodies, as well. It is not only a problem of property rights, but also an even broader category. The conception of property right is rooted from the property rights, 1920' Ronald Coss bring forward the Theory of Property right, after then the research concerning property right is done more and more, and the land of property right is no excerption. Under the condition of the merchandise economic, because of the influence of social relation of merchandise economic, land all becomes the object that can be demised and circulated, regardless whether it was cultivated or made use of. The land has already entered the economic activities center as one of the three greatest production factors.As the system of arrangement of building the configuration of collective system and connection of land property rights of country, its content can include the following contents :Produce the power structure, which includes the function of various right ;The recognition and law suppuration of the power system arrangement to the land that is done by the government; The power right, relation which can reflect the interpersonal property relation; The management of the power and adjusts to control to the collective land of village that is done by the government, etc.After the establishment of the People's Republic of China, the land reform was carried out in the country, and the feudalism landholding was rescinded. About in 1956, the advanced cooperation of agriculture production was put into practice. In the September of 1980, various systems of production responsibility that includes the systems of production responsibility of joint production, which adopt the principle of integration of united management and separated management, were affirmed by the government. Making collective superiority and personal aggressive get exertive at the same time. That the system of further perfect and development make the agriculture socialism cooperate matches our country more physically. In the Agriculture Law switchmen in 1993, it was ruled that the operator possesses the right of decision-making of transaction production and benefit, and the right of subcontractorand alienation during contact. It was ruled the operator has the priority of contact, too. According to the law, the heritor of the operator will continue to have those rights when the operator died. The systems of family production responsibility of joint production are a system of arrangement that has the quality of transition. Along with the releasing of the system productivity, this kind of blemish of the kind of designation was showed gradually in the production of agriculture in recent years. After 1990, the output of agriculture began to descend, so a new round of thinking of expert was begun. Its inside blemish was mainly expressed at following aspects: the blundering of rights between nation and collectively landholding right is not pure; the ascription of right of the collective landholding right is not clear; the effectiveness of right of ownership is incomplete; the exertion of collectively landholding powers surmount the law restrict.At the same time, abroad, the contemporary property right of land appears the following phenomenon: personal ownership system in land was gradually replaced by the landholding power system of the society; People over-emphasize from adscription to using; the ability of making use of space raise consumedly, and on the surface of a piece of land , not only the ownership is established, but also several stereoscopic space ownerships can be established on the ground or the underground.Through the investigation of the development of the domestic and international system, it is put forward that the property right of land of Chinese village should be redesigned and built. Its concrete way is followed: under the leading of three principles such as the legal principle, the principle of one thing one right and principle of the right should be showed, we should insist collective ownership in the village land, and construct the system to find its advantage that has be never showed and keep the proper beneficial factor; we define the village group as the body of the collective ownership ;we should make the object of clear the collective land ownership to give the right to the operator fuller power ability; we should build up the guarantee right system in the village land and value the construction of the space power of farmland.