Iand Quota Of Chognqing:System Innovation And Protection Of Peasant's Right

The connection index of the construction land, commonly known as the land quota, which can be traded on a specific platform, is that with the agreement of the peasants and the rural collective economic organizations, the rural construction lands such as the rural homestead and the affiliated facility land, township enterprise's land, rural public facilities and the construction land for public good can be ploughed into the arable land, under the same land use index checked and issued by the administrative competent department of the land and resources. The land quota created by Chongqing has generated the positive function. But the land quota of Chongqing inevitably is conflicted with the current rural land right and generates a series of defects which leads to the loss of the peasants of land reclamation, because of the stage of exploration and the two systems of property and right to use in rural land. This thesis discusses the contradiction of the coordination of the land quota and the current rural land right and finally proposes the countermeasures to the protection of the land reclamation of the peasants. The author hopes that this thesis can attach importance to the protection of the land reclamation of the peasants of the related departments, and gradually completes the land quota which can improve the mercerization of the construction land in the precondition of benefit growth and the protection of the peasants. This thesis is divided into five parts, totally more than twenty-two thousand words.The first part particularly discusses the basic theories of the land quota. This part interprets the concept, character, and the distinction of the land quota and the increase and the decrease of the urban-rural construction land. Secondly, this thesis briefly lists the procedure of the generation and the transaction.The second part analyzes the positive function and the defects of the land quota of Chongqing. At first, the land quota increases the values of the rural unused construction land, and improves the construction of the country and the town, which protects the arable land and makes the sustainable growth of the economic benefit of the peasant.The third part is the analysis of the legal binary structure of the rural land. The author defines the concrete content of “binary”. This thesis briefly reviews the history of the evolution of the rural land right since the founding of the republic before the analysis of the coexistence of the rural collective ownership and the land-use right. Then, this thesis analyzes the ownership of the collective economic organization of the rural land, the rural land of contract management and the land-use right of homestead in detail, and defines the relationship of the both rights.The forth part is the conflict and coordination of the land quota of Chongqing and the current land right. There are many kinds of the reasons, but the author insists that ideology of the metaphysics, the ambiguity of the legal status of the collective, the imperfect of the right guarantee system of the peasant, the rights conflict of the collective and the peasant is the basic reason. Then, this thesis demonstrates the possibility of the coordination from the aspect of the legal doctrine and the macro policy of the country.The fifth part is the protection of the land reclamation of the peasant in the structure of the binary legal rights. This part provides the concrete protection policy on the basis of the particular analysis of the land quota of Chongqing.The conclusion. The author betrays the importance and the urgency of the relationship between the peasant and the land from the three rural issues, land problems which relate the social stability and the status of the ruling party, and the macro regulation of the decision of comprehensive reform. Although the land quota of Chongqing has the positive social function, the correct relationship between the collective and the peasant in the land quota can fairly secure the legal rights of the land reclamation, can efficiently lessens the gap of the country and the town.