This research involves a major issue on China's economic and social development,namely,the reconstruction of rural land system,thus opening a new research path:To do theoretical reconstruction by a qualitative research method and analysis on the power and evolution tendency of the main body(national,community and individual farmers)of system variance in the process of the rural land system variance.Through the research ideas and research vein:land→China's land→China's rural land,progressively studies the construction model of China's rural land system variance.First,from the historical perspective of the land system variance at home and abroad,proposes and studis the mode of land construction-“occupied all,both binary”.This mode indicates that the rural land right system,including the independent rural land ownership system(ownership)and rural land tenure system(to use),are mutually interacted,dependent and coexisted.This model mainly includes the following contents:First,there should be two centers in China's rural land rights system,one is rural land ownership system,and the other is rural land tenure system.Second,the rural land ownership system and rural land tenure system are two separate systems.The rule of the rural land ownership system has its own reasons and characteristics,and the rule of the rural land tenure system also has its unique content.Third,the rural land ownership system and the rural tenure system respect each other and have balanced interests.In this theoretical system and system arrangements,there is no so-called system“the property rights are sources of other land property rights”as existed in the traditional system of property rights theory,it regards the occupation right as the most complete“property rights”to carry on the legislative protection.Second,from the perspective of the tendency of land system variance,proposes and studis the question of constructing China's“state owned,the dynamic sub-rule”land mode.Thinking that various land resources of a country.
No matter it is owned by the state,community or private outwardly,as well as all kinds of complex(mixed),and other forms of ownership,its system(a system of innovation and variance)bottom line is that the state has the ultimate control of it,the nature of the system is not go beyond the bottom line of the state,within the acceptance of the country;and the state can adopt different land management methods according to the current social and natural conditions for the people's,the social and state's(the rulers')interests.First of all,all kinds of innovations and variances must reflect the fact that the land belongs to the country ultimately;Second,various innovations and variances of the land ownership must be the most suitable system reform which carried on by the country under the local environment at that time(improvement);Finally,each kind of innovation and variance of land ownership is the results of struggling of various local forces(country,farmer,ruler,each special interest group and so on)at that time.Third,from perspective of present situation of China's rural land system,proposes and studies the question of constructing“state owned,farmer household held”land mode.This is essentially a model of“the country limits the power”,“the collective wastes the power”,“and the farmer expands the power”.In the specific model of the land system,the construction of the system model is by the“limit”,“expand”or“cancel”the main body's powership of the system vavionce.Comparing with the traditional way,namely constructing the system model first,and then analyzing the main body,there exists huge difference in thoughts and means.This is also an exploration and an attempt that the author did under the enlightenment of the rural land critical variance of system.The author discusses the possibility of abolishing rural land collective ownership from the following aspects:The development tendency of rural land ownership and occupation right;township(town)and the village is no longer the representative of the farmer community,and it will not solve practical problems of the farmers any more.The author constructs a new theoretical model of framework of China's rural land system by using the new research method of powership qualitative analysis,which uses the ideas of“abolishing”,“expanding”,“limiting”as the guided thoughts;uses“property rights clarify the property ownership system,possession rights clavify property using system”as the main content;uses“the principle of the legal implementation,the principle of promoting in three-dimensional,the principle of series of reforms”and“the two-tire model of‘state-owned,farmer used'land system”as the implementation principle.
Key words:critical variance of system;rural land system;uncompleted-right houses;property portfolio;two-tier model
