Canadian Social Science Vol. 10, No. 2, 2014, pp. 75-83 DOI:10.3968/4312
ISSN 1712-8056[Print] ISSN 1923-6697[Online]
www.cscanada.net www.cscanada.org
Rural Land Property Right System of China: Defects and Solutions
CHEN Juan[a]; YANG Shaolei[b],*
[a]Lecturer, Ph.D candidate. School of Cultural and Social Development Studies, Southwest University, Chongqing, China.
[b]Lecturer, Ph.D. School of Political Science, Sichuan University, Chengdu, China.
*Corresponding author.
Che n, J., amp; Ya ng, S. L . (2014). Rura l L a nd Prope rt y Right System of China: Defects and Solutions. Canadian Social Science, 10 (2), 75-83 . Available from: http:// www.csca na da.ne t/ index.php/c ss/a rtic le /vie w/4312 DOI: http://dx.doi.org/10.3968/4312
Supported by the National Social Science Fund of China: Research on the Protection of Farmersrsquo; Interests in the Rural Land Circulation of
China (No.11CSH014); the Project of Fundamental Research Funds for
the Central Universities: Research on the Cultivation System of New- Type Farmers in the Transformation of Agricultural Development Mode (No.SWU1209393).
Received 1 November 2013; accepted 10 February 2014
Pulished online 15 April 2014
Abstract
The innovations of the rural land property right system have the important meaning to Chinese agricultural and rural development. At the present stage, the rural land property right system of China have such problems as the unclear rural land property right subject, the incomplete rural land property right object, the uneven urban-rural land development right as well as the imperfect land property right management system. In the next stage of the system reform process of China, the innovation problem of the rural land property right system should be fully emphasized, and the related measures should be actively taken to perfect the rural land property right system, including clarifying the rural land property right subject, propelling the real right tendency of the rural land contractual management right, setting up the urban- rural unified market of land for construction, along with deepening carrying out the work of confirming the rural land property right and issuing the property right certificates.
Key words: Rural land; Property right; Land property right system; Ownership dispute
INTRODUCTION
Land is the most basic means of production in agriculture, and is regarded as a family heirloom and the lifeblood by most of farmers. As far as the supply and innovation problem of the current Chinese rural institutions is concerned, the rural land property right system is just the one in need of the most attention and reform among them, which is related with not only the important status of land but also the actuality and prospect of Chinese rural and agricultural development. The formation of the current Chinese collective property right system of the rural land is reasonable indeed. Meanwhile, since the foundation of Peoplersquo;s Republic of China, the economic performance of the collective property right system of the rural land has been proved efficient well by the agricultural and rural development achievements. However, it is not deniable that the rural land property right system of China has the obvious defects, especially the problems of the unclear land property right subject and the incomplete land property right object directly restrict the realization of the land right of farmers and immediately affect the long-term development of Chinese agriculture. Therefore, this paper will mainly analyze the defects of the current rural land property right system of China. Next, the relative solutions will be given out to reform the rural land property right system.
DEFECTS OF RURAL LAND PROPERTY RIGHT SYSTEM OF CHINA
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- Unclear Rural Land Property Right Subject Chinese Land Administration Law prescribes that “the Peoplersquo;s Republic of China carries out the socialistic public ownership of land, namely the ownership by the
whole people and the collective ownership by the working masses.” Such laws as Constitution, General Principles of the Civil Law, Agricultural Law, Land Administration Law and Law on Rural Land Contract all definitely prescribe that the ownership of the rural land belongs to the rural collectivity. It is known that the ownership of Chinese rural land belongs to all farmers in the region, but it is not prescribed explicitly that who of them can represent the whole farmers. That is, the detailed form of the rural collectivity is not clear. Furthermore, it is obscure in the legal provisions and the realistic conditions as well as the actual cognition.
First, with respect to the legal provisions, the Land Administration Law prescribes that “in accordance with the law, when the collective land of farmers belongs to the whole farmers of a village, it is the collective economic organization of the village or the villager committee that operates and manages the land; When the collective land of farmers has separately belonged to the whole farmers in more than two rural collective economic organization of a village, it is the every rural collective economic organization or the villager group of the village that operates and manages the land; when the collective land of farmers has belonged to the whole farmers of a township (town), it is the rural collective economic organization of the township (town) that operates and manages the land.” In the aforementioned legal provisions, many forms of the rural collective
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