A Discussion On China’s Rural Collective Land Ownership

Land is essential to the survival of human beings. As the saying goes, "Land is of the crux of Chinese peasants’problems". From a legal point of view, the essence of such problem is the rural collective land ownership. China’s rural collective land ownership system has undergone a number of changes in history. In specific historical contexts, different systems played significant roles in the development of agriculture and the advancement of an economic society. How to improve and reform the existing system of rural collective land ownership has become a hot issue in jurisprudence nowadays. A reasonable solution to the issue of collective land ownership plays a positive role in solving the "three rural problems"; promoting the development of market economy; consolidating the outcome of reform and opening up policy as well as advancing the social progress as a whole.This paper touches upon the formation of China’s rural collective land ownership and analyzes its drawbacks. This issue has been given much attention by scholars, many of whom have already put forward valuable suggestions to enhance and reform the system. The author also tries to come up with some ways to improve China’s rural collective land ownership after the following study.The thesis is divided into the following three parts.ChapterⅠ:The formation of China’s rural collective land ownership. The thesis speaks from the formation of such system and expounds its theoretical basis and underlying reasons.ChapterⅡ:The status quo and major problems of China’s rural collective land ownership system under current Chines legal framework. The author studies the construction and legal framework of such system from the perspectives of the Constitution, the General Principles of Civil Law, Land Administration Law, Property Law,and then discusses about its major problems. Chapter III:This chapter is the core of the thesis. The first half points out the disadvantages of several suggestions to reform China’s rural collective land ownership system and the latter part puts forward several specific reform suggestions made by the author. The author proposes the improvement of the management system of land ownership under the current system in order to improve the subject of private law; the enhancement of household responsibility system; the promotion of reasonable transfer and concentration of land-use right; and the establishment of a proper land-use trading system.