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The Institutional Goal And Practical Dilemma Of The "Separate Ownership Rights,Contract Rights And Management Rights" Of Rural Land

Posted on:2021-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:H K DingFull Text:PDF
GTID:2506306290969379Subject:Law
Abstract/Summary:PDF Full Text Request
Land system is the foundation of China's rural system,and land is the foundation of national food security.In rural areas,the traditional family agricultural production based on the scattered land scale in the past has been difficult to adapt to the development of the society,while the traditional small-scale agricultural production mode is limited to its own conditions and difficult to complete the transformation smoothly like the modern new agricultural production mode.The state timely made reform on the basis of "establishing the circulation mechanism of land contract management right",put forward the system conception of "Three Rights Separation",and preliminarily completed the establishment of "Three Rights Separation" system through the revision of "rural land contract law",aiming at solving the development problems of Agriculture and farmers in coordination.However,in the process of the practice of the "Three Rights Separation" system,some areas have experienced the practice results that deviate from their system objectives,resulting in the decrease of land resource utilization efficiency,failure of agricultural modernization transformation,and infringement of farmers' land rights.The reason is that the local practice of land transfer has fallen into the dilemma of government function positioning and the cultivation of new business subjects.The dilemma of government's function orientation is due to the fact that in the process of land transfer,it is difficult for farmers to effectively exercise their right of choice to realize land transfer by virtue of their own ability,which requires the government to play the role of "server" and "supervisor" in land transfer.However,with the deepening of the government's participation in the process of land transfer,it is inevitable to introduce its own administrative pressure into the process of land transfer,trying to complete its political achievements through the way of land transfer,and finally forming the consequences of the government led land transfer.Under the guidance of the government,agricultural production and management are facing many problems,which are likely to lead to the failure of land transfer,and also cause many negative effects on the local development.The main reason for the dilemma is the slow transformation of traditional small-scale farmers and the obvious comparative advantage of industrial and commercial capital.Local governments naturally tend to transform industrial and commercial capital into new-type agricultural main body directly in the process of cultivating new-type agricultural main body.But at the same time,because the new agricultural subject is facing more risks of agricultural management,there are widespread business failures and bankruptcies.Farmers are not only unable to obtain the due land transfer rent,but also face the huge cost and even irreversible risk of land reclamation.Behind these two dilemmas,it reflects that there are structural reasons for the practical dilemmas of the "three power separation" system,that is,farmers are in a weak position when they are the main body of the transfer;industrial and commercial capital further reduces the living space of small farmers in the process of going to the countryside;and when the land transfer has different variance,some central and western rural areas blindly copy the successful experience of the economically developed areas“ Acclimatization ".In view of the practical dilemma of the system of separation of powers,the possible way out should be explored from two aspects of system design and system practice.First of all,we should reasonably define the functions of the government from the perspective of improving the system design,give full play to the positive functions of the government in the land circulation,strengthen the protection of the farmers' land contractual management rights,and protect the small farmers and the industrial and commercial capital management subjects equally in the process of agricultural operation.Secondly,from the implementation level of the system,we should adhere to the principle of promoting land circulation step by step and realizing agricultural modernization according to local conditions.
Keywords/Search Tags:Transfer of land system, Separation of three types of rights within farmland property rights, Contracted land management right, Land management rights, Capital to the countryside
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