Research Of Collective Land Usufructuary Right

The official release of the Central Document No.1continues its concern about " threerural problems" on February1,2012, which is an accurate grasp of the main line of protectingthe farmers’ interests, and paying a respect for the farmers’ democratic rights. It keepsreleasing and developing the social productive forces of reform and accelerates thecoordinated development of urban and rural areas. As an accelerator, the policy boosts theeconomy of the rural areas, and promotes farmers’ income towards the harmoniousdevelopment of urban and rural community. Although the farm land is collectively owned bypeasants, their right of possession, revenue, rights of action can not be guaranteed. Inadvancing the process of China’s high-speed urbanization, industrialization and ruralmodernization, accidents of violations of farmers’ land rights happened frequently，whichcaused a serious impact on social harmony and stability by means of the forced recruitment,illegal possession, mergers and other means.The defects and chaos of China’s rural collective land system is a serious impediment tothe rural economic development and social stability due to the problems in the farmers’ landrights and maintenance. Therefore, the property rights legislation should focus on carryingforward the concept of civil law rights as well as liberating the farmers nominal collectiveownership to give farmers a solid land rights.In this article, it firstly states the historical changes of the system of the usufruct right forthe rural collective land in China, including the system of the rural land property rights, itsformation, and the necessity of building the system of usufruct right for the rural collectiveland. The present situation and defects of the system in China were investigated thoroughly,including the evaluation and analysis of current legislation, and the defects of the system. Interms of the defects, we mainly elucidate them from the four respects, including the collectiveconstruction land use rights, the rural land contract and operation right, the collective landeasement right, and the land lease. Finally, the author puts forward the selection to perfect thereform of the rural collective land system, mainly from the policy guidance of the reform ofthe rural collective land system, as well as the improvement of the right for the rural collectiveconstruction land in a way of perfecting the contracted management right of the rural land system and the easement system as well as the collective land leasing system.