| The land system clearly and profoundly reflects the social relations between people.Studying the land system can profoundly understand the development regulation of human society and the nature of human beings.This paper,with the land system of the PRC as the research object,from the historicalpractice of the land system evolution of the PRC,by using jurisprudential thoughts,concepts and methods to research the land system of the PRC,aims to reveal the general rulesand experiencesof evolution of land system in the PRC,aims todiscover“human beings”throughout the external form of institutional changes behind the y system,aims to explore the development regulation of the society and essence of human beings,and eventually put the main theme of this article onhumanistic care of restoring freedom of human beings and realizing the human liberation ofhuman beings.Land,land problems and land system are the three elements involved in the evolution of the PRC’s land system.System,rationality and practice are the three themes running through the evolution of land system ofthe PRC.In addition to the introduction and conclusion,the main part of this paper is divided into five chapters:The first and second chapters narrate and discuss the historical practice of the evolution of the PRC’s land system.Due to historical reasons and special national conditions,the rural and urban land systems in China have been evolving along different paths and finally formed the urban-rural dual land system.The first and second chapters mainly analyze the historical background of the change of the land system in each historical period,the specific content of the land system and the changes compared with the previous period,with the emphasis on the system and practice.The land system of the PRChas been evolving through more than 70 years,and gradually formed a general idea of the current land system reform in our country,namely,adhere to the socialist public ownership of land,adhere to the treasure the land,the reasonable use of land and to protect arable land,the basic state policy of general land use planning and implementing land use control system,a system of paid use of state-owned land,improving the system of land expropriation and requisition,setting up land system in accordance with the socialist market economy system.The third chapter analyzes the internal logic of the evolution of the PRC’s land system.Specifically,it analyzes the jurisprudence and logic behind theevolution of the land system in The PRC,the reason and motive force of the evolution of the land system,the general characteristics and value objectives of the evolution of the land system.This chapter focuses on institutions and rationality.The internal logic of the evolution of the PRC’s land system is:guided by the Marxism,in order to realize the communism society ideal as the highest goal,through the establishment of the socialist system and to thoroughly implement it to social practice,to test the concrete system in practice and constantly revise and improve system,finally to realizethe liberation human beings.The fourth chapter analyzes the legal problems existing in China’s current land system.After more than 70 years of changes,the land system of the PRC has formed the current land system of China,but there are many legal problems.Therefore,it is necessary to analyze the legal problems of rural land system,urban land system and urban-rural dual land system respectively.The focus of this chapter is also institutional and rational.The main legal problems existing in China’s current rural land system include: how to manage land under the premise of collective ownership of rural land to give play to and reflect the advantages of socialist system;The subject of collective land ownership is fuzzy;The strict restriction of collective land use rights objectively ignores the interests of peasants and restricts their right to development.The imperfection of collective land expropriation and requisition system causes a lot of social contradictions.The homestead system needs to be reformed to make full use of the market value of homestead.There are some legal problems in the current urban land system in China.The legal meaning of "city" is vague;Problems exist in the exercise and power of state-owned land ownership.The legal problem of urban-rural dual land system stems from the unequal ownership of urban and rural land,that is,although the form is equal in law,it is actually unequal in reality.The fifth chapter reflects on the systemevolution itself in a more general sense.The content of this chapter mainly includes in a more general sense the social ideal,public and private debate,the rule of law,human liberation,human freedom and other jurisprudential themes that embody humanistic concern.The focus of this chapter is to discuss and analyze the relationship between system,rationality and practice in a more general sense.The essence of the land system evolutionof the PRC is,turningthe Marxism basic claims of eliminating private ownership and implementingpublic ownerships of the means of production and communist lofty social ideal into specific system and practice,thus inevitably involves the ideal itself to the society and public and private debate between the public and private,the rule of law as an effective way to realize social ideal,Marxist theory of human liberation and freedom of jurisprudence theme of reflection.By reflecting on these jurisprudence themes of humanistic concern,we can fully realize that man is the center of all(laws)systems and that "man is the measure of all things".The conclusion part summarizes the main content,writing idea and writing purpose of the article,and reveals the main idea of the article.The historical course of the change of the PRC’s land system is the manifestation of system,rationality and practice in history.Starting from rationality,based on reality and to a certain extent transcending reality,and with a vision and yearning for the future society,human beings have put forward many social ideals.To realize the social ideal,we must construct the corresponding social system and put it into practice.Because of the unreality of the social ideal itself or the imperfection of the system,the system must be reformed to conform to the concrete reality.Institutional change(" legal reform " in ancient times)is a social experiment full of risks and challenges.Whether the experiment succeeds or fails,countries,nations and individuals will pay a price.Individuals are small in front of the country and the nation,and the risk of social experiment,no matter how small for the country and nation,is always heavy for individuals.Therefore,to find an effective way to reduce the risk of institutional change and to transform social ideals into reality has long been the goal of human beings.“Rule of law” is the best way to govern a country that human beings can find so far,so it is an effective way to realize social ideals.Land is the natural experimental field of social ideal,so in a general sense,the change of land system in The PRC is the historical practice of transforming the communist social ideal into reality.All institutions and practices will be tested and judged by history.Historical facts are cold,but human feelings should be warm;the system is pale,but the human being behind the system is alive,therefore,any practice of system reform should have the ultimate humanistic care. |
