JIANGHAN ACADEMIC ›› 2017, Vol. 36 ›› Issue (1): 67-73.doi: 10.16388/j.cnki.cn42-1843/c.2017.01.009

Previous Articles     Next Articles

Ways to Realize Permanent Rural Land Contract Relationship

LI Shengjun   

  1. Business School,Jinan University,Jinan 250002
  • Received:2017-03-08 Revised:2017-03-08 Online:2017-02-15 Published:2017-01-17

Abstract: By 2023,rural land contract relationship will have realized being permanently unchanged in China. On the basis of analytic paradigm of the new period’ s rural land“three rights division”,the most important is the permanent rural land contract relationship. Compared with“long term stability”,permanent unchangeableness is both “infinite” and “conditional” and one of the key conditions is “family continuation” . The institutional design will inevitably involve the issues of inheritance,exit,and reallocation.The inheritance mode can be summarized as automatic family extension,termination of inheritance due to family migration or cross - community relocation,the inheritance of dependents from“five- guarantee”families,and business rights affiliated to contract rights etc.;the exit mode can be summarized as reasonable compensation for exit due to cross-community relocation,which can be paid either before or after exit;the reallocation mode can be summarized as immediate or queuing allocation,allocation after setting a minimum individual share,equivalent transfer of exit cost,etc. These measures can not only realize permanent unchangeableness of the land contract relationship,but also take care of the fairness and efficiency among rural communities,large- scale land management,equality between males and females,intergenerational fairness,and the protection of land rights and interests.

Key words: land contract, contract relationship, contracting right, right of inheritance

CLC Number: