Research On The Legal Issues Of The Reform Of The Rural Private Land System

As a product of the period of agricultural collectivization,self-reserved land has its historical roots of its generation and development,and has also played a huge role in certain historical periods.However,after the reform and opening up,rural households have implemented a system of household responsibility for joint production.Farmers can freely determine the use of land.The land's production capacity has also been increased,and the basis for the existence of reserved land has been severely weakened.The self-reserved land system has also been preserved as a system of historical legacy in previous reforms.At the time of profound changes in rural production relations,the shortcomings of the rural self-reserved land system gradually emerged.On the one hand,the lack of self-reserved land laws and regulations leads to unclear ownership of the retained land,which leads to many disputes and reduces the efficiency of land use.On the other hand,the transfer of rural land management rights is in the ascendant,and the land's property attributes are increasingly prominent.The incomplete right to use the reserved land makes it impossible to transfer the reserved land,hinders the transfer of rural land,and prevents the realization of land property attributes.A gap has emerged between the self-reserved land system and today's rural production relations in China.In order to resolve this historical legacy system,a comprehensive review of the self-reserved land system and analysis of the future trend of the self-reserved land system is required.However,the research on the self-reserved land in the theoretical field is relatively weak,and most of them focus on the historical research of the self-reserved land,and there are very few related to the nature of the right of the self-reserved land.The system function of the self-reserved land system,the legal nature of the right to use the self-reserved land,the characteristics of the self-reserved land compared to the contracted land,whether the function of the self-reserved land system has been replaced,whether the self-reserved land system needs reform,and how to improve the self-reserved land system need to be studied one by one.This article first reviews the background,emergence and evolution of the self-reserved land system,with a view to explaining the institutional function and practical role of the self-reserved land in a special historical context.Second,it discusses the nature and characteristics of the right to the use of the self-reserved land,as well as its differences from the contracted land.,Analyze the status quo and actual dilemma of theself-reserved land system,reflect on the reasons for the distress of the self-reserved land system and analyze the trend of the self-reserved land system;Finally,discuss the reform and improvement of the self-reserved land system.This article is divided into five parts.The first part is the research on the generation and evolution of the system of self-retained land.Starting from the special historical background of the reserved land,analyze the historical causes of the reserved land,and sort out the historical process of the generation and evolution of the reserved land system.The second part analyzes the special institutional function and historical role of the self-retained land system during the period of agricultural collectivization on the basis of the first part.The third part analyzes the nature,characteristics,content,operating rules of the right to use the reserved land and the similarities and differences with the right to use the contracted land.First of all,using the theory of real rights in civil law and related theories of land law to analyze the nature of the right to use reserved land.Based on the conclusion that the right to use the reserved land is a de facto usufructuary right,the characteristics,contents,and rules of the right to use the reserved land are analyzed.Finally,compare the similarities and differences between the reserved land use right and the contracted land use right.The fourth part is the practical dilemma of the self-retained land system.First affirm the historical role played by the privately held land system in the period of agricultural collectivization;then analyze the problems and causes of the new stage of the privately held land system;and finally analyze the trend of the privately held land system and draw conclusions on the basis that the institutional function of the privately held land system was replaced: The system of self-reserved land was cancelled and the self-retained land was merged into the contracted land.The fifth part is the specific measures for the reform of the system of reserved land.On the premise of clarifying the ownership of the reserved land,the protection of the reserved land in the Constitution and the Land Management Law should be cancelled,and all the reserved land should be merged into the contracted land.