Present Situation And Existing Problems Of Rural Collective Ian D Rights Registration

China is an agricultural country with a large population of rural people.According to the Six China Population Census results,rural population accounts for about 50.32% of national population.Land resource is vital to the peasantry,but it is limited.Its scarcity and difference cause the constant competition and disputes on land resource,which not only violates the interests of peasants,also is unfavorable to social harmony.Based on the principle of going into effect after registration of Real Right Law of the People's Republic of China,clarify the real estate ownership,confirm the land right of peasants,and protect the legal advantage of oblige by registration in accordance with law.On the one hand,all above can effectively avoid and solve the disputes over rural collective land ownership and concurrent social conflicts;on the other hand,they can effectively protect the legal advantage of peasants,increase property income of peasants and promote rural society stable in the process of rural urbanization,industrialization and modernization.Among these,to confirm the rights of rural collective 1 and and to protect the legal land rights of each rural collective organization,especially those of peasants,are the important foundation of economical use of land resource,innovation of agricultural certification mode,balanced urban and rural development,and the circulation and assignment of collectively-owned land.As a Chinese saying goes,"by spying a spot,the whole leopard maybe inferred".We can provide experiencesand lessons for the all-round confirming national collective land rights program through the investigation of the collective land confirming rights work in Luoyang city,analyzing the problems appeared during the confirming rights process,and summing up the reasons of problems.This paper is divided into four parts;Part One:the process of investigation.Due to the lack of knowledge of national land policy,especially the collective land system,the writer collected the related articles,laws and regulations after determining his research topic.The writer studied current national land policy,especially the collective land policy,Interim Regulation on Real Estate Registration,and its Implementing Regulations.With the application and getting the permission of related departments,the writer spent three months doing the empirical research of research topic in the land and resources departments and agricultural departments of Luoyang city,Luoning County and Song County,Henan Province.Part Two:the background and main contents of confirming rural collective land rights.No.1 Central Document of 2009 proposed the confirming rights registration of collective land,before long,Chinese authorities issued No.1 Central Document of 2010,underscoring the balanced urban and rural development,and the development foundation of agricultural and rural areas.In the document,it clearly puts forward that "speed up the confirming rights registration work of rural collective Land ownership,colle ctive construction land use rights and the use right of house sites.The work expenses will be included in the budget,and we strive to confirm the rural collective land ownership to eachrural collective economic organization that possesses the ownership with in three years." Which meant a new round reforms of confirming collective land rights were officially launched,and the background is more complicated.Part Three:the problems exist in the process of confirming rural collective land rights in Luoyang City.The writer encountered many problems in investigation,for inst ance,ownership dispute,"one household,multiple housing lands",and the disadvantaged position of the out-married women.Different problems have different reasons,but generally speaking,we can analyze these problems from three aspects:history,law and policy.Part Four:the reflection on the collective land confirming rights system.As we said,"from the first small beginnings one can see how things will develop",through the research of the collective land confirming rights work in Luoyang City,and we can learn lessons and summarize experiences.Therefore,they can help to solve problems exist in confirming rights work in the whole province,even the whole nation.We shall achieve "record the past as the reference to examine the future,make trivial things reflect the profound truth,"and dedicate to the collective land confirming rights registration work.