| Effective realization of rural collective economy is essential to the protection of farmers' land rights. Currently there are some ideological deviations and mistakes in the existing policies, institutional arrangements, theories and practices relating to the protection of farmers' land rights, which urgently need to be rectified from the perspective of rights by following the logic thread of "empowerment and re-empowerment, exercise and operation of rights, and remedies for and safeguarding of rights". As far as the subjects of right are concerned, the future legislation should shift its emphasis from individual farmers to farmers and their collectives, and strike a balance between individual farmers and their collectives. As far as the objects of rights are concerned, the emphasis of future legislation should be shifted from property to property rights. The relevant laws should also make positive response to this change in terms of value orientation by taking freedom as their objective, equality as their basis, order as their precondition, and efficiency as their means, so as to realize fairness and justice. As far as legislative principle is concerned, a transition should be made from policy to law and attention should be paid to make legislation more systemic and scientific. With respect to basic thinking, a dual perspective of collective and individual should be adhered to and institutional designs should be made in light of concrete categories of rights. |
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