Land Usufruct Returning: The Dilemma Under The Law In Force And The Solution

Land usufruct returning, which is currently one of the compensation methods to land-lostpeasants in China, can be seen in "Notice on Further Improving the work of land acquisitionand management” by the Ministry of Land and a series of other guidance documents. Eventhough Land usufruct Returning has been widely used in practice, very few studies havefocused on whether it is legal or not. This method that contradicts the current laws of China iswidely used in practice. This fact implies that this method which involves the allocation of theincreasing values of the land to peasants does make sense in practice and will guide us tothink about how to improve the current land policies of China.This paper consists of three parts, introduction, text and conclusion. The text is dividedinto five chapters.The first chapter discusses the dilemma of land usufruct returning and analyzes it’spossible risk. The dilemma of land usufruct returning includes the difficulty in determiningthe ownership of the returned land, no matter collective land or state-owned land is returned,the contradiction between this method and the current laws exists. In addition, it is also hardto find the reasonable basis of the index of returned land. This chapter also analyses thedefects of land usufruct returning from three aspects, the risk of policy, judicature andeconomy.The second chapter talks about the rationality of land usufruct returning. Although thereare some problems with land usufruct returning, the rationality of it can’t be neglected. Thischapter discusses the actual rationality of land usufruct returning from the perspectives of theproduction and distribution of land proliferation allocation. The actual specific rationalitycomes from the fact that land usufruct returning could improve the standard of landrequisition compensation, relieve the financial pressure of the government, reduce thegovernment’s financial burden in initial land exploitation, alleviate the confliction in theprocess of land acquisition, improve the social stability. This chapter also analyses thefactors which concern with the formation of land proliferation, including the scarcity of land,the monopoly of land, the development of cities, the input of capital and labor force fromlaborers. It makes sense to allocate land proliferation based on the input of capital and laborforce from laborers, by respecting the rights of peasants and considering the security function of land in the process of land proliferation allocation.Chapter three discusses what we should do if we continue to use the method of landusufruct returning to. To do this, new laws have to be made, the subject of rights has to becleared, the way of returning land has to be improved, the relationship between land usufructreturning and municipal planning has to be coordinated, and reasonable ways of setting theproportion of returned land, which aim at eliminating the illegality of land usufruct returning,and maximizing the rationality of land usufruct returning under guidance of law, has to besupplied.Chapter four discusses the replacement of land usufruct returning. Land usufructreturning can’t solve all the problems produced in the process of land acquisition, and it can’tbe applied to all land acquisition cases. If we want to solve the problems that land usufructreturning can’t settle, the structure of land ownership should be changed. We think thecirculation of land usufruct system should be gradually established, the price should bedetermined by the market and the subject of the rights of land should be compensatedreasonably under the premise of land nationalization.Chapter five mainly discusses the supporting measures under the premise of landnationalization. By learning from Urban Land Readjustment of China’s Taiwan region, At thesame time, improving our social security system will be a good solution to the problems thatLand usufruct Returning can’t deal with.