Functional Cognition And Regime Reform Of Rural Land

Rural land issue is the core of the problems about Agriculture, Rural areas and farmers, while the problem of the core lies in the land rights of farmers. Historically, opinions on agricultural land and the right of farmers were divergent. It roots in the different cognitions of the function of land. Since the late Qing Dynasty, there have been intense culture conflicts between East and West. The shock of historical trend of Westernization movement, Revolution of 1911, Anti-Japanese War, civil war, followed the great proletarian cultural revolution, etc, fractured our traditional culture. Devouring of Western culture has led to confusion and loss of ourselves and our living environment nowadays. People today need to find and promote the common sense with painstaking. Live safeguard function of land are common sense. But now people have confused it with social security, leading to the omission of series of theoretical and institutional designations, typically the paradox resulting from the collective land ownership. Existing is reasonable. There are casual relationships and consistency in all things. The various needs of life produce breakthrough strength to the current regime. We must reform the collective land theory, clear the root of the problem, modify the regime so as to free the unfair restraint on farmers, to protect their natural rights and promote land circulation.The first part investigates the collective land ownership in the light of land's function theory. Firstly, the Basic theory of collective land ownership is set up. Land's functions are divided into two types:live safeguard function and investment function as a production factor. Live safeguard function of the land gradually weaken in the general trend, originating from agricultural land reduction and the increase in population. While the investment functions as a production factor of the land is gradually emerging and strengthening, as an inevitable result of urbanization and industrialization. In this situation, it is a good choice for the Society and farmers to improve land revenue through the transfer of land. And then, based on the the theory elaborated in the first part, it further analyses related problems of current collective land ownership in most rural area of our country. Firstly it sketches out the formation history of the regime of collective land ownership, and generalizes the defects in jurisprudence of the regime of collective land ownership, that include unclear nature, incomplete right, phantom of subject and ineffective protection of the collective land owners. This paper emphasizes usually so-called"state, collective and private" three kinds of ownership is actually wrong and is a false parallel relationship. Then, on the ground of foregoing conclusions, it makes a further analysis to the live safeguard function of land, the current collective land ownership regime overemphasis the live safeguard function extremely while the investment function is ignored which will threaten the farmers' life benefits. On the basis of the foregoing conclusions further detailed analyses the live safeguard function of land. And then this part analyses the seriously insufficiency of the live safeguard function, and comes to the conclusion that we must promote the land reform centering on the protection of the farmers' rights, guarantee the farmers' land use right and improve the social security regime to guarantee the land circulation.The second part reviews the land circulation patterns, upon the detailed analysis of the historical vicissitude of rural collective land transfer regime, deeply analyses the impetus and reason of the land circulation, points out the necessity of land circulation and breaks up the ostensible threat, so called food security, hanging over people like the Sword of Damocles. Too much worry about "food security" roots in the "prepare for war, prepare against natural disasters" in the war period, while with the rapid development in science & technology, "food security" can be solved in several ways, so we can't ignore hundreds of millions farmers' right to development for the ostensible threat. Upon careful and detailed analysis for the current Contracted Management of Land circulation and Collective Construction Land Transfer means, it leads to the conclusion that the innovation of the transfer is required.The third part inspects the realistic problems with the aforesaid theories, pays attention to the "land ticket" trade system in Chongqing, and tries to concentrate on the main points of the system. It gives a detailed account of trade procedure of the "land ticket" trade system and formulates the significance of the system innovation, but it also observes the limits of the system and states the dilemma of it, suggesting for the improvement of the system. And then this paper studies and designs the related regimes. With consistent theory of this paper, it explores problems of setting up a sound social security regime and perfecting the household registration reform regime, and tries to set up land circulation, social security and household registration reform mechanism. In perfecting the social security regime, the author put forward the "the government financial first push+snowball" pattern, hoping for useful for practical operation.