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As a traditional agricultural country, land has been a crucial element to farmer issue, rural issue, and agriculture issue in China. The reform of rural economic system in China can be considered as starting around the rural land system. Whether it is in the new-democratic revolution or in the period of socialist construction, rural land policy is always an extremely important policy related to success of China's revolution and construction. The Xinhai Revolution overthrew the autocratic monarchy, which ruled China for several thousand years, and established a republican form of government. Although it succeed in making a progress in China, but failed to change the old China's land system. During the Republican period in China, the Communist Party implemented a serious land reform policies in revolutionary base areas. However, after the establishment of People's Republic of China, China started a top-down government-led cooperation movement in rural area since 1953. It gradually established public ownership system of materials for agricultural production, even including the land, which seriously dampened farmers' enthusiasm for production. In 1978, Chinese government decided to contract collective land to peasant families to farm within a certain period according to the community population. In June 1985, government cancelled the people's communes, completed the township (Xiang in Chinese) government reform. Then, Chinese government promulgated "Law of the People's Republic of China on Land Contract in Rural Areas" in 2002, which clearly defines the rights and obligations of farmers, rural collectives, and all levels of governments in the land contract, and emphasizes the protection of management rights of farms. In accordance with the law, the management and services of land contractual management rights has been strengthened; the land contractual and management rights transaction market has been improved; farmer are allowed to transfer the land contractual management rights by subcontracting, leasing, exchanging, transferring, joint stock cooperating under the principles of voluntary and compensation, in order to develop various forms of appropriate management scale. Recently, facing of China's land crisis and the plight of agriculture, theorists launched discussions about China's public ownership of land, the types and nature characteristics of land ownership, the separation of the land ownership and use rights, and the compensatory transfer of land use rights, etc. Under the socialist system with Chinese characteristics, the direction of land reform should be adopt with the development of productive forces. What's more, Chinese land system in the 21st century will also need continual revise and improvement to meet the requirement of the construction of a socialism with Chinese characteristics.

목차

Ⅰ、前言
 Ⅱ、 国民党时期的土地所有权制度
 Ⅲ、苏维埃政府的土地所有权制度
 Ⅳ、中华人民共和国成立后的土地所有权制度
 Ⅴ、结论
 參考文獻
 

키워드

Ownership of Land Right to The Use of Land Land Reform Constitution Collective Ownership State-owned Contracted Management Rights 土地所有权 土地使用权 土地改革 宪法 集体所有 国家所有 承包经营权

저자

• 赵东济 [ 조동제 | 韩国东亚大学 法学专门大学院 副教授，国立台湾大学法学博士。 ]

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