Problems Of The Current Rural Land Law System

With the rapid development of rural society, our current legal system of collective ownership of rural land and its contractual management on household basis reveals more and more problems: deficiency of the subject and capacity of collective land ownership and thus insufficiency in the protection of collective and farmers'interest in land; the conflict between the land fragmentation developed by the small-scale patterns of contractual management on household basis and the requirement of the scale management of modern production; non observance of legal system of rural land by farmers in reality and the embarrassment of the legal system implement. All of this makes the reform or improvement of the legal system of rural land unavoidable, and thus led to various therapy approachments about this. The majority of scholars on this issue are from the perspective of economics to improve the efficiency of land use, in contrast, from the legal point of view is not too much of their research.At present, there are three points of view on the reforming or improving of the rural land legal system: land privatization, land stated owned and used by farmers, improving under the existing framework. Which model on earth should be taken? What is the .theory evidence of the choice? To put forward practical and feasible measures to reform or improve the rural land legal system, it should be starting from the rural reality, understanding of the causes of the problem, determining the starting point and perspective of the forming of the legal system.Based on the definition of the concepts of land, the legal system of agriculture land and so on, the paper analyzed the double qualities of land and the function of system; described the changes of the legal system of rural land taken place after the founding of the People's Republic of China, and with a living case, analyzed several problems of the legal system of rural land by using methods and viewpoints of institutional economics, sociology and law; commented on the mode of assessment of the legal systems improvement in educational circles. Discussed the source of problem of the legal system, and then putted forward the view of this article: Persist in the household contract responsibility system under the collective ownership of rural land, make village the subject of ownership; in legislation, change the angle of view of the legal systems construction, learn from the farmers point of view to consider the question, enhance popular participation in the legal design; learn about the current situation of the relation between farmer and land; let national legal systems loose appropriately, attention to the positive role of folk law as well as define the public interest and improve the nonlegal factors.