LIU Shouying, XIONG Xuefeng, LONG Tingyu
Journal of Renmin University of China.
The continuous separation of farmland rights and the recontraction of contracts are the basic characteristics of the collective ownership system. The ownership, property rights of farmland and agricultural management systems under collective ownership system have undergone four stages of evolution: the peoples commune system with the characteristic of “Yi Da Er Gong”(large in size and collective in nature) has weakened land property rights and implemented unified management through the integration of government administration and economic management, thereby realizing the integration of collective land ownership, property rights and management rights. The peoples commune system with the characteristic of “San Ji Suo You, Dui Wei Ji Chu”(threelevel ownership by the commune, the production brigade and the production team, with the production team as the basic accounting unit) actualized the ownership of the production team and expanded the autonomy of the production team, aiming to achieve the unified management based on the production team. The system of “Ji Ti Suo You, Jia Ting Cheng Bao” (Collective Ownership, Operation by Households) was changed into collective ownership with membership rights. Farmers obtained the right to use and receive income on contracted land. Family management became the major economic system of agriculture. After the period of “Bao Chan Dao Hu”(farm output quotas for household), the reform of the collective ownership with membership rights has been deepen. Farmers acquired more property right of contracting right. Contractual management rights were separated into contracting rights and management rights spontaneously. The “ThreeRight Separation” of Farmland following the reform of “Collective ownership, Operation by Households” is a toplevel system design for Chinas farmland rights structure. This system design intends to realize the legalization of the separation of farmers contracting rights and tillers management rights under collective ownership system. The contracting right and management rights shall be protected equally by law. The four cases in Chongzhou, Songjiang, Meitan and Liupanshui respectively show that changes of land rights in reality has undergone reconfiguration of rights in terms of collective ownership, contracting rights of collective members and management rights of operating entities, which indicates the complexity of future evolution of farmland rights structure.