Research Of The Peasant Households’ Status Of The Contracted Management Of Land Rights

Agricultural problem involves the relationship between the development of farmers’ living standards and the construction of rural harmonious society, it is also the significant issues of the improvement of the basic industries of the whole country. Therefore, it is the priority among priorities in regard to agriculture society’s stability and development that solve the problem of agriculture effectively in long term in China. Our country has obtained great achievement, when the land contractual operation system has been established in the agricultural economy development Since the 1980 s. This business pattern makes farmers obtain land, self-financing and improves the technical level and production efficiency of agricultural production, the scale of agricultural products market economy gradually formed and mature. Clarifying the relationship between the land contractual operation system and its right subject which could make the effection more clear. Farmers has always been regarded as the matter-of-course main subject to the contracted management of land,no matter from the perspective of policy propaganda or from the perspective of legal norms.Although the debate has never stopped, to prove that still has great significance. This article studies from the view of the subject of the right to the contracted management of land and discuss the problem of the subject’s status of farmers’ in order to clarify the meaning of the rights and status in the agricultural construction of modernization.This article discusses the main subject includes four parts.Part I: Summarizing the academic theory discussion about the main subject of right to the contracted management of land, and combing the evidence of these theory of formation.The object of the argument mainly includes the theory of Citizens collective, the theory of the rural collective economic organization members, and the theory of peasant households and individual farmers, discussing the above theory in order to point out that theoretical defects between the academic point of view and the disadvantage of the law. By comparing the peasant households as the main subject of the right to the contracted management of land the realistic and theoretical significance.Part II: Summarizing the legal provisions of the academic theory discussion about the main subject of right to the contracted management of land.There are several laws make landmark significance in the construction of Chinese civil,they are General Principles of The Civil Law of The People’s Republic of China;Law of the People’s Republic of China on the Contracting of Rural Land; and Law of Succession of the People’s Republic of China,which are the most direct about agriculture.Making a comparative study on these law norms of subject of the contracted management of land rights,which demonstrates thatpeasant households as the subject of the contracted management of land rights in law significance.Part III:This part focuses on a discussion of peasant households comparing with the former two.Although peasant households has been clearly demonstrated to be deemed as the subject of the right to the contracted management of land.It is necessary to researching the intrinsic quality of this subject.This chapter analyses the particularity of subject qualification of peasant households,which contains the equality of main subject qualifications 、the particularity of qualifications attained and eliminated.It also includes specificity of change of the number of the members of the peasant households.For another,the comparison of peasant households and related concepts to discuss qualification of boundary points between peasant households with families 、 individual farmers.The above argument emphasizes the peasant household should be as the subject of the right to the contracted management of land.Part IV: This part mainly discusses how to improve its position when the peasant households as the main subject of right to the contracted management of land.On the one hand,discussing the reason for the peasant households as the unincorporated organizations in the legislation of civil subject.On the other hand,discussing the internal relationship of rights and obligations when the separation analysis to produce as peasant households differentiate the cut-off point.In this paper,analyzing and organizing the relating to the theory and law of peasant households,the basic point is the civil legislation and basic principles for civil law.Analyzing the nature from the view of the particularity of peasant households.The main idea of this chapter is that emphasizing the position and function of the peasant households in land contract and transfer process in land system which is of great strategic significance for farmers’ income and agricultural construction.