| In Chinese society, agriculture is the decisive production department in the whole society, and land is the most important agricultural production element. Therefore, the systematic carding and research of the People’s Republic of China’s land law system is necessary. At the same time, economic basis determine superstructure, so certain system arrangement and the design must be also fit in with the prevailing political culture. Researching the People’s Republic of China’s legal system of land, provides a lot of help to know and understand the change of social ideology and social economic development and the political system since the founding of the People’s Republic of China. Reviewing the historical development of the rural land legal system since the founding of the People’s Republic of China and taking its essence, will play an important role to solve "three agriculture" problem in our country, and explore the right land legal system suitable to China’s current situation. Currently, the study of People’s Republic of China’s rural land legal system more tend to study a single period of single type of land legal system, and do not study from the perspective of historical evolution of rural land law system all aspects of the comb and explore in detail. This study divide the boundaries of the People’s Republic of China’s rural land legal system, and generalize the various periods of major land law system, so that we can conduct a comprehensive study on the People’s Republic of China’s rural land legal system.This study combing on the basis of the People’s Republic of China’s rural land legal system, and carried on the systematic study of the system on the system of rural land ownership and use, rural land management system, rural land use system, the legal system of rural construction land, land compensation legal system and legal system of land use planning. Based on the carding of the People’s Republic of China’s rural land legal system, the study summing up the People’s Republic of China’s rural land legal system present changes from mandatory to the induced in process, and its the gaming result of the main body and the interests of all parties. The study analyzes the evolution reasons of the People’s Republic of China’s rural land legal system, that is, the leader’s correct policies and measures, combined with certain political pressure and the interests of the incentive the right strategy and measures to land law, in the case of farmers’rights lose and influent of the traditional culture consciousness, they choose the conjunction of formal land legal system and informal land legal system. Finally reached the conclusions:that is,land system changes must comply with the laws of production relations adapt to productivity development, and production relations reform must meet the fundamental interests of most people as the fundamental starting point. And at the same time, leading cadres must be good at capturing the masses create new ideas and experiences in the production process. When choosing the rural land law system in the future, we should follow "respect for farmers’ choice" as the basic principles of land system established, and "right to the contracted management of rural land circulation" as the future direction of reform in rural land system; Improve the legal system of our country land combined with the "four modernizations" and reform the land management system in the process of urbanization, and provide the protection principle of skewed to the stakeholders especially the rural women’s land rights and interests of rural land protection. In rural land management system, we need to overcome the farmers’ short-term behavior on land and develop the community as a rural economic cooperation organization.And on the construction of urban and rural integration, we should plan it as a whole " new four modernizations", put farmers’ interests in the first place in building a harmonious society. And at the same time, we should also pay attention to the protection of rural ecological resources. |
PDF Full Text Request