On Constitutional Protection Of Private Plots

The private plot exists in china for over50years. Based on the practices in some socialist states likethe Soviet Union and the concrete national conditions of China, Communist party of china and Chinesegovernment made it come into being during the process of socialization at the beginning of the foundationof the People’s Republic of China. As a basic land system, the private plot system, together with thesubsequent household contract management system, formed the agricultural land system with Chinesecharacteristics. They are both incorporated in and guaranteed by the Constitution. It is undeniable that thetwo systems played a significant role in the development and stability of the politics and economy of China.However，With the implementation of reform and opening up and the establishment of socialist marketeconomy, there appear more or less some incompatible situations against the needs of the socialdevelopment in the two systems, which result in the argument about the development dilemma and reformdirection of the traditional private plot system and the household contract management system. Somepeople even come up with the issue about redefinition of the land property. But what matters is that in theseveral times on constitution amendments, the attitude to the private plot and the household contractmanagement system has no Qualitative change but they are still guaranteed by the Constitution. How toanalyze the Constitutional implications? How to regard the development dilemma in the new situation?How to reconstruct the agricultural land system in the new Age? The above questions require us to treatand solve them rationally based on the all aspects of the Constitution. From the analysis on thedevelopment dilemma and disadvantages of the private plot and the household contract managementsystem, the paper aims to point out what is the core of the dispute and where the problem lies. And thepaper also will give some reasonable and scientific reconstruction suggestions in hope that they will dohelp to the development and perfection of the agricultural land system of China.According to theinternational and domestic politics, economy and other social environments at the beginning of thefoundation of the People’s Republic of China., the paper introduces the social backgrounds of the birth ofthe private plot system and the practical needs in that period. And it also makes the readers have a betterunderstanding of the reason why the private plot system came into being. the paper also analyzes different stages of the private plot system, which makes the reader better understand the development of the privateplot system. Give constitutional analysis to our constitution about the constitution protection system ofcropland and point out the significance of cropland system on constitution.In addition,Considering thecurrent social development reality, this part introduces the related debate and development dilemma of thecurrent private plot system and tries to show the current social operation situation of private plot system atthe current age to the reader. Therefore, the reader will have a concrete awareness of the current debate onthe private plot system and then be inspired to analyze and think deeply of the development dilemma of theprivate plot system.Finally: Based on the analysis of the former two parts and the practical social situation,the solution and reconstruction of the existing problems in the current private plot system and thehousehold contract management system are put forward in this part. The paper makes a deep reflection onthe current agricultural land use system and points out the existing disfigurement and shortage of it. Thereformation and perfection measures to reconstruct the private plot and household responsibility croplandare also put forward. And after an assumption on the attempt to combine the household responsibilitycropland with the private plot and to enlarge the privately owned rights of the peasant, new design ideas ofthe construction and perfection of a new private plot system are to put forward.