| The Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform is considered to be the political declaration on a new round of rural reform, which, at the same time, should also be subjected to scrutiny from the legal point of view. The foundation of the reform of the rural land law system takes the "three adherences" as its foundation, the increase of farmers' property income as its focus, the achievement of sustained growth of farmers' income by effectively using collective property and giving full play to value-added functions of farmers' properties as its highlight, and the guarantee of farmers' fair share of the value-added benefits of land and granting farmers more actual property rights as its breakthrough and innovative points. The Decision interprets the land contract and management right, which is a real right in nature, as an independent management obligatory right and contracted real right, thereby allowing mortgage and security to be set only on the management right. Meanwhile, it establishes the system of separation of houses from land by granting farmers the right to dispose of their houses while denying them the right to utilize the homestead. Of course, these innovative measures are open to debate. The author of this article maintains that, in the reform of rural land law system, China should adhere to the principle of the rule of law, to the rights-oriented thinking of protecting farmers' principal status and interests, to the holistic and systematic thinking of taking the construction of the right system as the goal, and to the logical approach of systematization of rural land rights. |
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