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New Analysis of Reconstruction Peasant’s the Right System of Collectively-owned Farmland

Author: WangYi
Tutor: YangZhongXiao
School: East China University of Political Science
Course: Legal
Keywords: The household contract system Farmers’ land rights Organization of rural collective economy Land management patterns
CLC: D922.3
Type: Master's thesis
Year: 2011
Downloads: 29
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Abstract

Rural collective land belongs to peasants collectively who share the ownership.cultivate land and curtilage usage system consist the system of peasants’land ownership. Since the 1970s to 1980s, the usage of collective cultivate land started as a contractual operating system mainly features family contractor, the practice of which stimulated the peasants’will to work as well as brought about a seriesof social issues. Recently, there have been quite fierce discussions concerning the reform of Chinese rural collective land and certain disputes among them.Investigation and long-term observation shows that, on the matter of cultivate land system, peasants prefer contractual operation over communistic sharing and the uneven allocation of land within family members.Except for that, family contractor system has extra merit of an“30 year still”principle, which stabilizes the contractual relationship, yet come along with new social problems such as land intensivism, organizational operating obstruction, unproductiveness of the peasants’collective organization, disputes generated from land ownership, violation of peasants’land ownership, etc. Thus, the government is trying to rectify such coalitions through legislating laws and spontaneous exploration and practice of local regions, the result is yet to come.The reform of peasants’land ownership shall be based on the pursuant of fairness, providing peasants with same treatment. In order to fix the social problems issued from rural collective land usage system effectively, this article has made some explorations and analysis, provided with some advises to both encourage agriculture productivity and erase the conflicts and disputes arise form land ownership problems so that the peasants’right is fully protected: without prejudice to the collective ownership, clarify the ownership relationship between collectivity and its members. Reestablish peasants’collective organization to strengthen the organization skills and counterbalance against the government.;Clarify the relationship between peasants and collective organization. As per each registered permanent residence, the collective membership can be determined without doubt. Unencumber the obstacle of expressing will of the members through the right of suit; instead of the mode of family contractor, collective management of land shall be adopted and have the land subject to rent via biding; allowing peasants to pledge and transfer their‘shares’from collective organization; reform the land expropriation system to distinguish public and commercial expropriation, ensure fair trade is conducted and the right of land is completely returned to peasants; the yield of the land is to be shared among all the members of the collectivity. By conducting such reform, can we serve the purpose of realizing fairness of peasants’land right, ensuring the rural areas developed harmoniously, promotingopulence of the peasants, sufficing national food supply and peasants’land right, maximizing the utility of the land.The creativity of this article lies upon the contrast of a trend-reversing claim of letting the collectivity manage the land in a background of which, the law enhances a will-be-privatization to stabilize family contractual relationship even with some scholars promotes privatization of the land. Among the appeal to alleviate the burden of peasants, this article promotes an audacious idea of using collective land for value. All of which seems anti-current, yet it is not hard to find it as the most effective measures to protect the peasants’right after this article is read thoroughly.

New Analysis of Reconstruction Peasant’s the Right System of Collectively-owned Farmland

Abstract

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