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System Innovation:the Only Way of Rural Land Utilization Property Rights Reform

Fengxia Li

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Abstract

China's existing rural land utilization system is mainly land contract operation rights.Bacause land contract operation right is defined as usufructuary right,there is a serious loss of the farmers'interests during the rural land expropriation.The design basis of the rural land utilization system is different between our country and the most countries of the civil law.The land reality right system in most countries of the civil law is based on the system of private ownership of land.But the land in our country is owned by the nation or the collective,which constitutes the foundation of the construction of the land reality of laws system in our country.So we should reconstruct land utilization system on the basis of learning from estate system of the common law countries.It is a realistic choice that rural land possession right as an independent right will instead land contract operation rights.

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What this paper is about

China's existing rural land utilization system is mainly land contract operation rights.Bacause land contract operation right is defined as usufructuary right,there is a serious loss of the farmers'interests during the rural land expropriation.The design basis of the rural land utilization system is different between our country and the most countries of the civil law.The land reality right system in most countries of the civil law is based on the system of private ownership of land.But the land in our country is owned by the nation or the collective,which constitutes the foundation of the construction of the land reality of laws system in our country.So we should reconstruct land utilization system on the basis of learning from estate system of the common law countries.It is a realistic choice that rural land possession right as an independent right will instead land contract operation rights.

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Available abstract

China's existing rural land utilization system is mainly land contract operation rights.Bacause land contract operation right is defined as usufructuary right,there is a serious loss of the farmers'interests during the rural land expropriation.The design basis of the rural land utilization system is different between our country and the most countries of the civil law.The land reality right system in most countries of the civil law is based on the system of private ownership of land.But the land in our country is owned by the nation or the collective,which constitutes the foundation of the construction of the land reality of laws system in our country.So we should reconstruct land utilization system on the basis of learning from estate system of the common law countries.It is a realistic choice that rural land possession right as an independent right will instead land contract operation rights.

Key concepts: Expropriation, Land law, Possession (linguistics), Property rights, Land tenure, Business, Real estate, Nonpossessory interest in land

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