Reflections On Our Rural Land Ownership System

Our rural collective land ownership is not the product of commodity economy, but formed by the promotion of national public power and political movements, obviously with inherent shortage in law. From the aspect angle of motivation, collective pattern seemly can avoid the defects of capitalism and win modernization through reforming the small-scale peasant economy. This motivation is manifested in various restrictions to the rural collective-owned lands. However, due to lack of promotion mechanism, the collective to some extent, contributes inefficiency. It is imperative to improve and reform our rural collective land ownership system either from the aspect of civil law’s ownership theory, or of law’s efficiency value.The object of land ownership is the most basic and important possessions to any society. Changes of land ownership usually causes intense concussion in society. Our collective ownership of land is already firmly established in the political, economic or cultural awareness.The choice that keeping the land under collective ownership is appropriate.As a transition form of the ownership by the whole people, collective ownership is an important part of the socialist public economy for a long term.Though improving collective ownership is the reforming way with lowest cost in legislation, in order to gain perfection securely, we still should be careful by respecting historical change process and keeping the society relations’ stability. Some concrete suggestions on the improvement of present rural collective ownership system:first of all, verify and improve the subject of rural collective ownership.In order to realize scale management and market-oriented operation, the subject of our rural collective land ownership must become a real market player, an independent legal person.In addition,the ownership subject should be eastablished according to our actual conditions in the countryside.Secondly, improve the official capacity of collective ownership and increase the land utilization rate.The most fundamental issues for the collective land entering market transactions, are obscure land property rights and absent subject in collective land ownership. Confirming ownership is the foundation of reform on rural property right. Stages for the collective land entering market transactions can be set by confirming rural property right gradually and specifying the subject through reform on rural land property right system.On the basis of confirmation of rural land ownership, to establish the relatively standard administrative rules and moving procedures,bulid up a physical public collective land market,therefore achieving effective utilization of land and safeguarding the legitimate rights and interests of peasants. Finally, innovate mechanisms to protect cultivated land and launch land expropriation reform experiment. Strictly follow the plan and schedule to protect the cultivated land, ensuring the amount and quality of arable land shall not be reduced. Effectively solve the problems of farmers lost their land, promote a harmonious and stable society. From the aspects of the theory of scientific development and building harmonious society, deeply increase the awareness of the problem of farmers lost land. Eliminate the institutional exclusion of the dualistic structure in urban and rural areas, exchange land for social-security. Exert the basic function of market mechanism in the expropriation of land resources, establish land public bidding and auction system.