Improve The Rural Collective Land System Of Legal Thinking

Agriculture, the countryside, the farmer question, were throughout relate our country economy and the social development overall situation major issue, the Chinese Communist Party 16 session of Fifth Plenary Session proposed "the Central Committee of the CCP State Council about Advancement Socialism New Rural reconstruction Certain Opinions", realized the city and countryside and rural economy society's coordinated development, but solved "three agriculture "the question, the construction socialism new countryside the most important still was the countryside land question. Enhancement legislative work, realization legally rules and regulations, then is the safe solution countryside land question way that must be taken.This article mentions from our country countryside collective land system historical review, to our country countryside land ownership system, the land employment right system has carried on a more systematic elaboration. The full text divides into five parts. The first part mainly is to the collective land system development review and the induction, has demon- strated the countryside land system experience three transformations. The second part mainly elaborated our country collective ownership system present situation and faces the main question, pointed out our country at present the collective land ownership malpractice mainly is causes by the collective land ownership disatema. The third part elaborates is the main question which the collective land employment right present situation and faces. The collective land employment right divides into four kind of types according to its use: The land contracting right of management, the collective construction uses the right of use, the homestead right of use as well as the non-agricultural public welfare uses the right of use. This article key has carried on the detailed analysis to the first three kind of types. Because "the land contracting right of management is the real right" this thesis is extremely important, therefore this article thesis has carried on a more careful elaboration regarding this. Corresponds with the second part, the fourth part is to consummates the countryside collective land ownership system the law to ponder, put forward some proposals. The fifth part corresponds with the third part, to consummated three kind of land employment right system to propose separately some suggestions, mainly was the legislation construction aspect ponder and the tentative plan.This article hoped through to the collective land system correlation analysis and the ponder, can to further consummate the countryside collective land legal regime, advances our country land management legislation advancement, the promotion socialism new rural reconstruction has the help.