A Study On Some Issuers Related To Property Right Protection Of Rural Land Rights And Interests

Land system is one of the most significant parts of legal system. After landreform in the beginning of PRC, rural land became farmers’ private property. Thesubsequent rise and decline of the co-operative movement made rural land ownershipbelong to collective and usufructuary to collective members. Due to historicalinfluence, together with that land is a kind of special social wealth, rural landcollective ownership and collective member usufructuary has its own obviousparticularity.China’s current rural land property rights system has many problems. First of all,the owner of collective land fails to obtain equal legal status with the owner ofstate-owned land. Rural construction land can only be transferred after beingnationalized. This law led to the government-oriented land capitalization, in whichfarmers’ interest is deprived of, land finance is gradually formed, and theestablishment of market economy suffers huge resistance. Second, the usufructuaryof collective members can not be protected fully. This point is demonstrated not onlyby that usufructuary interest do not get attention, but also by the restrictions onusufructuary circulation and mortgage. Third, the existing land property rightssystem and requirement to develop modern agriculture contradict each other to acertain extent. These problems profoundly affect economy structure adjustment, foodsafety, social harmony and stability, and other major aspects. So, we must study realproblems in land property rights system and try to correct them under the principlesof being in favor of the country’s overall development and in line with the theory ofprivate law.Specific initiatives include that continue to adhere to collective ownership, weshould not deny it completely just because it is not perfect, under which we shouldimprove land nationalization system. To avoid the social contradiction, we must toraise compensation standard, converting public problem to compensation problem.Meanwhile, we must to make the farmer the independent and only subject that haveright to require compensation. We should establish unified urban and ruralconstruction market, changing the situation that collective land ownership can notkeep equal with state-owned land ownership because of its insufficient power. Weshould improve family contract and management rights, weakening the traditionalconcept that social security is major function of land and strengthening the consciousthat land usufructuary is a kind of property rights, and actively and boldly promotethe circulation of agricultural land and realization of scale of operation. We alsoshould improve rural social safety system which is base only on which can measureof giving rights of land circulation maximize positive effect.