The first period: 65438+early 1950s.
1950 On June 30th, the Land Reform Law of the People's Republic of China was promulgated and implemented, which marked the basic policy of land ownership in new China. Through the land reform, New China tried to abolish the private ownership of land by feudal landlords and establish the private ownership of land by farmers during the Republic of China, "so that more than 300 million landless and proletarians across the country could get 700 million mu of land and other means of production free of charge, and they were exempted from paying 70 billion Jin of grain to landlords every year", thus forming the ownership of yeomen. During this period, farmers not only acquired land, but also "had the right to operate, buy, sell and rent freely". (Article 30 of the Land Reform Law) The land reform law promulgated by New China does give farmers the right to transfer land, but this period is relatively short.
The second period: 65438+mid-1950s-65438+late 1970s.
/kloc-in the summer of 0/955, with the general line and general task put forward by the Party during the transitional period ("one modernization and three reforms"), in order to avoid the small-scale peasant economic model and its limitations and backward production technology, New China gradually transformed the land privately owned by farmers into collective ownership based on the production team of the people's commune through the socialist transformation of agricultural means of production and the people's commune movement. From the agricultural cooperative movement to the people's commune, this series of changes in production methods have weakened farmers' property rights to land and hollowed out land ownership. During the movement, the land was gradually owned by the collective, and there was no legal property right relationship between individual farmers and the land. Therefore, during this period, the circulation mode of "having the right to operate freely, buy, sell and rent" is impossible to implement, and there is no possibility of realizing rural land circulation.
The third period: 65438+late 1970s, 65438+early 1980s-265438+early 20th century.
1978, 18 farmers in Xiaogang village, Fengyang started "one package to the end", which officially opened a new period of rural land reform in China, and the rural land system in China changed from simple collective ownership to a mode of separation of collective ownership and family management. During this period, the circulation of rural land has begun to loosen and sprout.
1in the middle of 983, the central government issued the "Notice on Printing and Distributing Rural Economic Policies", and the household contract responsibility system was widely implemented in rural areas throughout the country. By the end of 1983, about 98% of the basic accounting units had implemented the household contract system, and the land contracted by families accounted for about 97% of the total cultivated land area, realizing the separation of land ownership and use right. On the basis of ensuring the collective ownership of agricultural land, this model ensures the farmers' independent management right and adjusts the distribution relationship of rural land management income. Pay enough for the country, leave enough for the collective, and the rest is your own.
1987 the State Council approved some coastal developed provinces and cities to carry out pilot projects of moderate scale land management, which made the transfer of land management rights break through the restriction of household contract management, and China's land transfer system began to enter a new experimental period.
Although 1999 land management law still has many restrictions on the free circulation of rural land use rights, the rural land contract law, which was implemented in 2003, reflects the protection of legal land contract management rights from the legal level. According to the law, the land contractual management right obtained through household contract can be transferred by subcontracting, leasing, exchange, transfer or other means according to law. The promulgation of this law is called the third innovation of land system in China.
Issue 4: 2005
In July, 2005, the Guangdong Provincial Government issued the Administrative Measures for the Circulation of the Right to Use Collective Construction Land in Guangdong Province (Draft), which made it clear that the right to use collective construction land in rural areas could be circulated on the market, and the period was from June 2005 to 2005 10. This means that all the commercial land in Guangdong province, including rural areas, has entered the market, and "sunshine trading" can be carried out through bidding, auction, listing and online bidding. This "Administrative Measures" means that the circulation of rural land use rights has entered a market-oriented stage. This is a major innovation breakthrough in Guangdong's rural collective land management system and China's rural land circulation system.