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From Ownership To Ownership Rural Collective Land-all Of The Constitution Interpretation In China

Posted on:2013-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:P P ChaiFull Text:PDF
GTID:2246330371489496Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
China’s rural land problem in China’s rural reform and the economy is a basic system reform with thecore problem. The change of land system not only related to the future China the distribution of wealth, butalso affect the whole country constitutional democracy system construction and development, therefore, toexplore and find a is consistent with China’s national conditions and to meet the current reformdevelopment path is the starting point of writing this paper, also is the guiding ideology of the full textthroughout.China’s rural collective land all is our constitution expressly set of rural land system, and thereforesolve the farmland problems should be based on the constitution, and the constitution have a correctunderstanding of as the most important premise.In this paper are our constitution article10\"rural land owned collectively all\" is to our country ruralland ownership of the regulations of the judge, think of as an institutional provisions of the land ownership,should both comply with the general characteristics of institutional provisions and want to accord with thespecific characteristics of the land ownership, especially further to argue ownership and ownershipdifferences and relations. Think land ownership as a land system is a kind of economic system frame designand path selection, it needs to implement in certain standard system, and through the correspondingownership can be realized. Therefore, how to from system to rights, the farmland is to solve the problem.The constitution of the provisions of the relevant land, that is, to all who land, is the provisions of landownership. Urban land belongs to the state ownership, collective land of collective ownership, and cannotunderstand to the provisions of the ownership. Ownership is the right category, is the legal system, it is theconcept of a collective legal content. Ownership is macro system design, the content more abundant,theoretical level higher. How to carry out the system for the rights, the rights abstraction to modern societyis system of building up the necessary procedures.According to China’s current situation and China’s rural land use specific situation, we think: the ruralland system and land right now is in a phase separation or even conflict and contradiction of the situation.Therefore, we must insist on not shake in the rural land under the fundamental principle of public ownership by, the land to possess, use, earnings and the system overall, specifically implement to farmersin the contracted management of land, from this can break through the rural collective land all cause allsorts of neck mouth out of a new route.Therefore, we don’t approve of China farmland privatization or nationalisation point of view, and thatthey are not agree with the constitutional principle, and not accorded with the reality of China. This is theimprovement of tend to view, but also was unhappy with the only place from and ignore system defect onthe overall situation. We proposed go way of system innovation, the rural land system of China’s existingfurther improvement and modification, in the new system framework design can not only make the newsystem effective, a well-ordered operation, and can solve many practical problems of Chinese farmers’ rightto contracted management of rural land system. And points out that all this constitution to give full ofsecurity, this paper is not only the foothold, is also the key and difficult point in this paper. I don’t think thearticle depicted in the path must be China’s rural land system reform of the only way, but we believe thatthrough the Chinese continuous exploration and work hard, you will be out of China characteristicssocialism rural land system of the road.
Keywords/Search Tags:rural collective, land ownership, land contract right, ownership
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