Journal of Shanghai University (Social Science Edition)

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Transfer of the Contractual Right of Rural Land and Transition of Rural Collective Economy
——Legal Thinking on the Second Rural Land System Reform

  

  • Received:2012-02-10 Online:2012-07-15 Published:2012-07-15

Abstract:

It is an inevitable and feasible solution to develop reasonablescale economy through the contractual right of rural land transfer subject to a stable rurallandcontract system. As to the contractual right of rural land, the reform means to propertize the land use right, i.e., to make it no longer a static real right but marketable property or productive elements. This reform will change the current cooperation system into a new collective rural economy system characterized by socialized market orientation. Although the ideal is the landshared cooperative system by all members in a collective unit, it is more realistic to develop variousscale economy through the contractual right of rural land transfer under the Rural Land Contracting Operation Law. Currently, it is of urgent importance to explore the rural land property right system that supports this new rural collective economy system. This can be down on the following to basis: 1) a correct understanding of the relationship between the transfer of the contractual right of rural land and the transition of rural collective economy, 2) a clear delineation of the target and content of this new rural collective economy system.

Key words: contracutal right of rural land, rural collective economy, rural land reform, Property Right Law

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