| Most of the country’s rural second round of land contract will expire in2027 and 2028,and in some places where the contract expires earlier,it will start to expire in 2023,so "how to extend the second round of land contract" has become a major issue in China’s rural areas.For this reason,the central government has made a political commitment to extend the second round of land contract for another 30 years after its expiration,and has made it a legal requirement.In order to achieve the legal basis for the extension of the second round of contract,it is not only necessary to express the system level norms,but also inseparable from the important support of the legal theory behind.From the perspective of civil law,this article analyzes the legal issues involved in the extension of the second round of land contract from the ambiguous article 21 of the Rural Land Contract Law,and proposes a legal hermeneutic solution that can adapt to the future development of China’s rural society and the direction of reform of the agricultural land system.The article is divided into five parts.The first part introduces the concept of land extension and clarifies the specific issues involved in this study;the second part analyzes the practical basis of the extension of the second-round contract period through two dimensions: history and reality,in order to highlight the feasibility of the extension;the third part interprets the policies related to the extension of the second-round land contract period,reveals the connotation and value orientation of the policies,and clarifies the basic attitude of the central government toward the extension;the fourth part The fourth part explains the important issues of subject qualification,object scope,legal period and right realization involved in the extension of the second round of contract through the perspective of civil law,and proposes a legal hermeneutic scheme under this perspective.In the fifth part,based on this legal hermeneutic scheme,the institutional design of the second round of contract extension is completed.According to this legal hermeneutic scheme,the conclusions of this study are as follows: First,the second round of contract extensions should not disrupt and redistribute the land,but can achieve the equilibrium of the institutional value of agricultural land by reconfiguring the interests on agricultural land,thus alleviating the conflict between people and land.Second,the issuer of the second-round contract extension should be mainly a collective economic organization based on the villagers’ group,and the villagers’ committee can only issue land on behalf of the collective if the village collective ownership system is implemented and no village collective economic organization is established;the contractor should be a farm household with a valid second-round contract relationship with the collective,and at least one of its family members should have collective membership.Third,the object of the second round of contract extension is mainly arable land,forest land,grassland and other rural land acquired by farmers through the family contract,and also includes farmers’ contracted land,"ration fields",but does not include land contracted in other ways,the "two fields system" In the responsibility of the land,destroyed by natural disasters and land expropriated by law,as well as the collective set aside for mobile land.Fourth,the second round of contract extension should continue to adhere to the contract period of 30 years for arable land,30 to50 years for grassland,and 70 years for forest land.Fifth,the second round of contract extension should be free of charge,the extension of the collective should not collect contract fees from farmers.Sixth,the second round of contract extensions should be signed by the collective and farmers to re-contract or sign a supplementary agreement on the basis of the original contract.Seventh,the second round of contract extension contract should adopt the registration effective mode. |
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