China's Civil Code and Rural Land Rights System: from Ownership to Utilization

Gao Shengping

Journal of Peking University (Philosophy and Social Sciences) ›› 2020, Vol. 57 ›› Issue (6) : 143-154.

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PDF(2244 KB)
Journal of Peking University (Philosophy and Social Sciences) ›› 2020, Vol. 57 ›› Issue (6) : 143-154.
Civil Code

China's Civil Code and Rural Land Rights System: from Ownership to Utilization

  • Gao Shengping
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Abstract

Based on the achievements made in the new round of land system reform, China's Civil Code has reconstructed the rural land rights system. In terms of ownership, China's Civil Code firstly makes it clear that the subject of the collective land ownership is “peasant collective”, but the collective economic organization exercises the land ownership on behalf of the peasant collective. If no collective economic organization is established, then the villagers committee or the villagers group exercises the land ownership on behalf of the peasant collective. Secondly, China's Civil Code emphasizes the identity attributes of the right to land contracted management and the right to homestead land use, embodying the goal of social security. At the same time, in order to regulate the relationship in the utilization of rural land, the right to land management is established in China's Civil Code, embodying the basic spirit of the reform of “the separation of three rights” to agricultural land. The legal application of the right to construction land use is stipulated to provide legal support for the establishment and improvement of a unified construction land market in urban and rural areas. And it is made clear that the acquisition, exercise and transfer of the right to homestead land use should apply the laws and relevant national regulations for land management, leaving room for the reform of “the separation of three rights” to homestead land use.

Key words

collective land ownership / right to land contracted management / right to land management / right to construction land use / right to homestead land use

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Gao Shengping. China's Civil Code and Rural Land Rights System: from Ownership to Utilization[J]. Journal of Peking University (Philosophy and Social Sciences), 2020, 57(6): 143-154
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