Study On System Of The Powers And Functions Of Rural Land's Property Right

System of the powers and functions of rural land's property right is an important legal norm to realize land rights.Combining with the current development of social practice in China,it is an important factor for policy reform and system design that social individuals pursue equal development opportunities and have equal right.In terms of the system reform of rural land,the rational arrangement and improvement of the system of the powers and functions of rural land's property right is the source and driving force to promote the rational and effective use of rural land.In the part of the overview of the system,including the study of its historical development,the explanation of the immanent meaning and the review of the current rules;and then analyzes the present situation of the system,including the assessment of its current trends and the summary of the existing problems;in the end,puts forward the consummation suggestion,including the legislative principles and the concrete suggestions,and the outlook of development of rural land system as the conclusion.In addition to the introduction,this paper is divided into four parts:The first part is the overview of the system.In the historical perspective,the development of the system of the powers and functions of rural land's property right shows a improving and enriching trend,and gradually forms the power and function structure of possession,use,revenue,disposition,etc.In terms of conceptual definition,the system of the powers and functions of rural land's property right is the norm of action mode of rural land right.In addition,it also describes the current legal provisions.The second part focuses on the system's current trends and the existing problems.Based on the trends of academic research,national reform and the practice of social groups,adhering to the nature of collective ownership of rural land,promoting the reform of the allocation of power and function for its use and property,strengthening the diversity and property characteristic of the transfer of land management right,proposing and establishing the management power,transfering the individual mobility to the talent flow,realizing the property right of land right holders by legal person organization mode.In addition,it also summarizes the following problems:the subject of ownership exercise is unclear,the management ability is weakened and the management power is absent,the disposal power is not complete,the revenue power is not perfect,and so on.The third part focuses on putting forward the suggestions to improve the system.The first is the legislative principles of the system,including adhering to the principle of collective ownership,protecting the property rights of the right subjects,the balance between the social stability and the promoting reform.Secondly,the focus is the specific construction and improvement of the system,with the theoretical basis,policy basis and practical basis.The specific system suggestions are as follows——the clarity of the subject of rural land ownership,the real right of land management,the clarity of management power,the improvement of disposal power and revenue power.The fourth part is the conclusion: the outlook of development of rural land system.Centering on the construction and improvement of property rights,it is the main standard content.Seeking balanced and equal development between urban and rural areas,and paying more attention to issues of development and equity.