Study Of Farmers' Land Property Rights

Retrospecting history, the rural land system in China has been innovated many times—before 1950's, it had experienced three stages, from idividual ownership of property rights, private ownership shared by everybody, private ownership of the property rights owned by partial people, to yeoman system, while the land use system of collective land ownership and family contract responsibility were basically confirmed from middle of 50's till now.Though this kind of land use system has got great benefits, its systematic deficiencies, such as the fake status of farmers as collective owner, not being respected and admitted to their owned land property rights, lack of spirit of contract while the collective lands are expropriated to state-owned ones, etc., together with traditional theory of Real Law stressing ownership but ingnoring its use and the effect of the idea and legislation emphasizing collective land ownership but despesing contractual operation right of land, result in farmers' weakness of property rights of land, consequently, the poverty in economic life and low status in politics.How to solve the problem of Chinese rural land is argued violently by many experts who hold different ideas. In my opinion, in the case that the collective land ownership which is confirmed by Constitution can't be changed completely in an imaginable future, we should define the Proprietorial right, stablize the right of land contract, mobilize the right of land use, protect the right of revenue and respcet the right of disposal, that is, create famers' right of land property system and grant, sustain and develope famers' right of land propery, because it is the the basic measures to settle the farmers' weakly and lowly political status, as well as the main way to slove the problem of Chinese rural land.The right of land property is not just one or several rights but a collective rights which consists of original rights concening rural land such as the right to posess, the right to use, the right to the income of thing and the limited right to capital and derivative rights such as exchange right, priorty, right of participation, right of questioning, right of equality, monitor rights of land enviroment and antagonistic rights to abuse of public right. Obviously, original rights are surely included in the farmers' right of land property, which play the key role in the whole rights system, while the founction of derivative rights exist either in assisting or in guaranting the realization of the original rights.To create the system of famers' right of land property, firstly their right of land property must be granted. Considering contractual operation right of land is the most important right of land property for famers and hasnot any possibility to be changed in a short time, therefore, the effective measures must be taken to stablize contractual peration right of land. Secondly, famers's right of land property should be protected from both aspects of public remedy and private remedy. To do so, the problem of expropriation must be solved very well. Lastly, farmers' right of land property need be developed. Gradually, the type and concrete contents of it should be developed and perfected with the development of rural economic.To set up the system of famers' right of land property, the relationship between equlity and efficiency, localization and westenization should be handled properly. Speaking of the former, Chinese farmers obtain the land which is extremly important to famers' living security at the cost of social security, so the basic goal of creating system of famers' right of land property is equality first and efficiency also importantly; as for the latter, it is necessary to learn from West properly, but the key point is the way of studying problems, studying criterion of expression and comunication of different knowledgable and theoretical backgrounds. In general, the problem we are concerning and prospect we are studying are supposed to be localized, which should own local character and be local resources.