Research On China’s Current Rural Land Circulation Legal System

In November,2013, the CPC had hold the Third Plenary Session of the18th CPCCentral Committee at Beijing. And the Decision on Major Issues ConcerningComprehensively Deepening Reforms had been adopted. It is a document that guidesChina’s current rural work full of foresight and innovation. The document mentioned“to deepen the reform of rural-economic system”,“to form a construction-land marketthat unifies urban and rural areas”,“to reform the rural land circulation system” and“to give farmers more property rights”. These points are both keys to improve theincome of farmers and to development the economy of rural areas.This article studies about the reform of China’s rural land circulation legal system.There’s some positive significance in current legal system of this point, but they areno longer adapted to the current situation of reform, it is unable to cope with the newsituation and problems in rural areas because of imperfect legislation. At the sametime, the application of these laws in practice there exist some drawbacks, in need ofreform. We see, the reform of the rural land circulation system, is not only a social hotissue, but also related to the urgent problem of the livelihood of farmers, to furtherresearch on it has great theory meaning and realistic value.The article starts from the basic concept of homestead use right and the landcontractual management right in rural areas to start, based on the current situation andthe present legal system of rural land in China, combined with some cases in practice,regards the eighteen plenary session of the spirit of the document as a guide, anddraws on the useful experience of pilot programs. Moreover, this article will analyseand research several rural land circulation models in detail, discuss the legal problemsand the necessity of the rural land reform in China comprehensively, and puts forwardsome constructive suggestions in the end.