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Study On The System Of Collective Land Ownership

Posted on:2010-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ChenFull Text:PDF
GTID:2189360275460750Subject:Civil and Commercial Law
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Land is the basis of human survival resources,the large agricultural land of the Chinese farmers are self-evident meaning.Peasant collective land in rural areas want to settle down as the basis for carrying forward the social security function of the farmers,but also contains immense social wealth.The land rights of peasant farmers as the most important of the rights of wealth,no doubt will in the future construction of new countryside and rural reform,the backbone of the farmers to increase the role of actor.If we can not solve the basic good of peasant land rights,could not give the farmer's land rights adequate protection,it really should not activate the " Farmers,Rural Areas,Agriculture Production" to resolve the elements,can not meet the real urban-rural break structure,and achieve the grand goal of urban-rural integration.China's system of collective land made great contributions for the China's economic construction in a certain historic period.However,with the deepening of reform and economic development,and under the collective ownership of farmers,the contract responsibility system for the main contents of the land use system,but the land system still exists of the shortcomings on the practice.In practice,it is difficult to reflect on the land farmers rights aspirations.This paper studies the system of collective land,mainly from the following four areas:PartⅠ:this part introduce Collective ownership system historic evolution in China,the process of development has undergone four stages:the period of land reform,agricultural cooperatives,the People's Commune and the Reform and open policy.System of collective ownership in rural areas has basically taken shape,the latter are in the People's Communes.And through the various stages of assessment,we learn our country's system of collective land ownership in rural areas are in the process of industrialization in breach of the objective laws of development of productive forces beyond the level of the cases,Individual land ownership be deprived of farmers,as their product at a certain extent.The emergence of land ownership that are resulting from the effect of the public right,The person who make are restricted by objective condition at that time while making this system,coupled with inadequate consideration of the inevitable defects must be exist.After the promulgation of the Property Law,although a corresponding sound,but still did not solve the problem.PartⅡ:In recent years,we talk the system of collective land ownership changes the need and urgent analysis.This part is divided into three parts,preceded by changes in the external system of analysis:analysis of the natural endowments of land pressure,As well as on the recent international food crisis on the impact of our country,on the urgency of institutional change and need.Immediately after that,in analyzing the external factors,the introduction of changes in the internal driving forces.Mainly from the imperfect power of collective land ownership,the nature of vague,collective land ownership in fact empty,Under the collective land ownership,farmers home the reality of the plight of contract operations,the analysis of the system of collective land ownership change in the urgency and necessity of the intrinsic. Finally,our Co-ordinating urban and rural development in China,the construction of a new policy that rural background.In theory,an analysis of the feasibility of the institutional change,give the interpretation of the favorable conditions.On this basis,Elaborate the time development urgent demand.PartⅢ:Analysis of collective land ownership system reform program,and insist that their views of program improvement.Analysis of the nationalization program,privatization programs,modified projects,and compares the pros and cons of various reform programs. This article holds that,Based on the specific circumstances of our country at this stage, Considerations and the cost of resistance to change,Think of improvement programs are a more feasible path,are a more feasible path.PartⅣ:Suggesting that their own program of collective land ownership,at the basis of previous discussions on the text.The nature of collective land ownership,insist on Co-ownership;In light of the absence of collective land ownership of the main questions, Suggested that recognition of the special subjects of collective peasant status.At this stage, that we should admit the village,a collective group of farmers is a realistic option.Compose of members of collective farmers,as well as the rules of procedure,running mechanism of the provisions.Improve the power of collective land ownership,Thinks between the farmer collective even between the countryside and the city,Will be able to conduct the transfer of ownership.At the right of farmers to contract for the operation of the circulation should be set up questions on the nature of the intermediary company to operate.In the rural collective construction land circulation,Consider that the establishment of agricultural land exchange is a good choice.Farmers can not only achieve an interest in land,but also provide the basis for the integration of urban and rural areas to facilitate integration.
Keywords/Search Tags:Collective land ownership, Transform, Improvement, The right to land contractual management, Rural collective construction land use rights
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