The Present Situation Investigation About Land Contracting Of Countryside Unbalanced In South Of Shandong Province

Nowadays, in village China, the large-scale dannexation has not appeared. But the situation of family land contracting has been different since 30 years ago, the quantity of family land to be unbalanced. It not to be able to realize completely that make the family land contracting as a goal of the social security. From the 1980s, the constitution, the land control law, the countryside land contracting law and each kind of rule appeared diversely and confusedly,and revised many times, But in the aspect of legislative, still now we has not straightened out to the relations of land in countryside. Even if Property Law has executed, the land property right question in countryside has still not solved. This report of investigation, take investigate data of that three to five villages in Jiaxiang County of the south Shandong province as a foundation. Present situation of family land has analyzed by the data, explained the existence question by the data,make the human have a clearer understanding to present situation of the Chinese countryside land. Giving my individual opinion about how to solve land unbalanced question,and I hope that this report can help to make legislation in the future.The recent years, in the structural reform of land ownership aspect, the most major problem which we face is that, Between the shortage of land resource with the inceasing of rural population has a profound contradiction,the problem that is the stable land legal regime and the population growth unceasingly is distributed difficulty. This has created the countryside land contracting unbalancedly and many questions. In my opinion, the most essential of solving the question of land contracting unbalanced is that we should permit the privatizing ownership of the landIn countryside, implementate the plan of privatizing ownership of the land, if from the property right angle merely is suitably rational, The privatizing ownership of the land has solved the problem of undefined property right, guaranteed that the farmers has their own land property right, can guard own legitimate rights and interests effectively, has the strong benefit to drive, stimulates production enthusiasm of the farmers, and caters to psychological request of the farmers to hold the land on a certain extent. But from the present of our country countryside's condition and the form, the privatizing ownership of the land has an inevitable risk in its politics. The privatizing ownership of the land has been definitude the real right, has solved all sorts of malpractices which the countryside land collective all produces; Encourages the farmer to maintain and raise the land productivity and carry on the investment; The promotion land pasts reasonably, has its advantages to the develop agriculture economies.On the one hand ,we should insist the stability of the land contracting, enables it to have the true real right of property, and achieves the land private through these finally. On the other hand, we needs to consider is about the survival safeguard question, so long as had the complete survival safeguard system, and only establish the multi-level rural communities to safeguard the system, can speed up employment right of the land circulation. When the land no longer becomes the survival safeguard, then the land is not a destiny again, advancement about land privatization is also easy, the privatizing ownership of the land also solve the problem of land unbalanced.