ijcrb.webs.com
MAY 2012
INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS
VOL 4, NO 1
The Study About The Dynamic Changes of the rural Population And The Use of Land
Contract Responsibility System
Dengrong Qiu
College of Economics and Management, Sichuan Agricultural University
Cheng’ du 611130, China
Ge He (Corresponding author)
College of Economics and Management, Sichuan Agricultural University
Cheng’ du
611130, China
Abstract
The Dynamic Changes of the ural Population,namely the realistic increase and decrease of
the ural population could cause contradictions between the people and the land. This article
discuss the reasonable questions from the Use of Land Contract Responsibility System with
the angle of the dynamic changes of rural population, through the relevant laws and
regulations of the study and the defects of shortage, we put forward to the corresponding
countermeasures.
Keywords: Land Contract Responsibility System; the Dynamic Changes of the ural
Population
1. The implementation of the land contract responsibility system and the contradictions
of the Dynamic Changes of the ural Population
The land contract responsibility system of our country were practiced after the third
plenary session. Land of the household contract responsibility system is an agricultu ral
production responsibility system form pointed to as a family unit contracts land and other
production materials and production task from collective organization. Land contract
responsibility system, gives priority to the household contract responsibility system, the
household output-related system, dual operation, already played a collective unified
management advantages and mobilize the enthusiasm,and it’s a good economic form to adapt
the China's agricultural characteristics and the current rural productivity development and
management level .
COPY RIGHT © 2012 Institute of Interdisciplinary Business Research
44
ijcrb.webs.com
INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS
MAY 2012
VOL 4, NO 1
From institutional economics perspective, the reasonable arrangement of system, is to
the social’s net earnings of the behavior subject within the system Greater than the cost of
transaction costs,is to the reasonable distribution of the benefits between the regulators and
system keepers. Only in this way can the social achieve the Cost minimization and the
maximization of the system performance. Since the implementation of the Land Contract
Responsibility System, it not only improves billions of the farmers' living standard,but also
lay the foundation of the entire national economy national economy development .however,
any system is likely to kill two birds with one stone, with the development of the
economy,the defects of the Land Contract Responsibility System are becoming more and
more prominent,it also has faced the system of unbalanced and needs to innovation. The
important changes of the rural social structure、diversity of the interest groups、rural
urbanization also happened at the same time,the result that both of the joint action makes the
original Land Contract Responsibility System relatively slower and unbalanced .
The growing second and third industry in our country need more and more
employee,while the amount of the labor that the development of agriculture need is sharply
declining, The relatively low income makes rural population dynamics,which is means the
reality of the rural population increase or decrease. According to statistics, there are more
than 900 million rural population in our country, a lot of population floating and the new
population growth each year, and at the same time the floating population is hard to statistics.
Such a complex dynamic system problem is a problem and challenge urgently to be solved
we hare before us. the research of the academic was mainly focused on the problem of the
Land Contract Responsibility System,but the research about the problems of the dynamic
changes of Land Contract Responsibility System few.
2. The solution and the defects of the related laws and regulations for the conflict of the
rural population dynamic change of land contract rights
2.1 The " Land contract law" required in the article 4 of first chapter : the state protect
the long-term stability of the land contract relations; the article twenty of the second chapter:
contracting period normally is cultivated land for 30 years, grass for 30 to 50 years, forest
land for 30 to 70 years. This kind of clear rules can make land contract responsibility system
stability, but it has also brought the pressure of the land average distribution and the readjust
COPY RIGHT © 2012 Institute of Interdisciplinary Business Research
45
ijcrb.webs.com
INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS
MAY 2012
VOL 4, NO 1
of the land.Since the rural land contract’s implementing is on the basis of the number of
people at that time , good or bad、near or far to average distribution, which will naturally
cause the unfair of the adjustment of the land because of the the population’s increase or
decrease within the community . If the implementation of the land system adapt to the
increase or decrease of population and timely adjust, which would not favor the relatively
stable of the land.If according to the principle “people increase but the land not, people
decrease but the land not”, land that not be adjusted is not a fair deal.
2.2 The PRC Land Administration Law required in the article 5 of first chapter：the
members of the rural collective economic organization (regardless of gender) all shall have
the right to contracte the rural land contractaward by the collective economic organizations
with the family as contract carrier. In the period of the contract, since the legal system of the
collective land contracted by the family is a policy unchanged for long, collective economic
organizations cannot adjust the land contract and can't disturb original contract land to
contract,which can make that if a farmer in a certain period of time ,according to the principle
“people increase but the land not, people decrease but the land not”, and will naturally cause
conflict between the change of the population and unchanged of the land contract for long
time.
2.3 For the problem of the the new growth of population,according to the notice about
further stabilize and improve the rural land contracting relations by the general office of the
state council, the central committee of the communist party, the contracted land is "big
stability, small adjustment " , the premise is stable . the "big stability, small adjustment "
refers to according to the actual needs , adjusted in an appropriate range among individual
farmers.but the principle " small adjustment " is very complex and in changing for a
population of the village and the real conditions of the land. Whether the village of the
population increase or decrease ,or a farmer’s population increase or decrease in the well, the
so-called "big stability" of "small adjust" is very one-sided and difficult.
2.4 "The land contract law" the second chapter article 26: the contractor family to
migrate to the cities and to registere permanent residence in the period of the contract, they
should returne the cultivated land and grassland to the collective economic organizations. To
this, village organization can use the land for maneuvering to storage,which means make it to
COPY RIGHT © 2012 Institute of Interdisciplinary Business Research
46
ijcrb.webs.com
INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS
MAY 2012
VOL 4, NO 1
be reserved. The purpose of the land reserved to maneuver is to deal with contradiction
between human and problems caused by population change, taking the land expropriation,
and natural disasters in many situations. But in practice this method of work often occur
windage. The method of trying to reserve a certain amount of land through the next several
years to solve the contradiction between human and may occur is unrealistic , because the
land contract is quite a long time,and the time longer,It more difficult to forecast the
incidence of contradictions between people and land,and the more difficult to make motor
land moderate. So, only relying on maneuvering land to solve the the problem of land
contracted responsibility system caused by dynamic change of population is not enough.
2.5 According to the policy, The contracted management of the new population general
solved by itself through the family redistribute the original of the contract within the land in
the period of the contract. Although each villagers have the equel right to contracted
management, but it realized limitated and restrictive in the contracted management in the
current legal system and policy on the set. The court defined the land conflicts and disputes
administrative cases, but wang tao think, the court judge the village committee held meeting
if the new growth of population in succession to court administrative litigation to require to
divide the land from village,which will not help stabilize the rural land contracting relations
and the rural social stability,will contrary to serve the requirements of law enforcement.
3. Countermeasures
How to transition land to the next generation with the increase of new population growth
for a regional? The countermeasures to adjust the Land contract responsibility system
reasonable caused by the dynamics of rural population is to reform the present perfect land
system in the final analysis, in fully respect the premise of the farmers' interests, trying to
make all the economic subject obtain the income more than the cost.
3.1 To strengthen the right of the collective economic organizations to use the land
contract supervision. According to the article 4 of " Idle land disposal method" : Especially
for the idle land having not been used for 2 years, by the authority for approval, the land
should return to the rural collective economic organizations to restore farming if land owned
by peasant collectives for original. At this time, land returned can continue to contract to the
COPY RIGHT © 2012 Institute of Interdisciplinary Business Research
47
ijcrb.webs.com
INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS
MAY 2012
VOL 4, NO 1
new population growth that get married or born to unmarried.But it requires the village
organization exert more efforts in supervision of the contractor to make full use of land, and
the idle land should be used up as soon as possible to avoid the waste of land.
3.2 Try to form the perfect contracted management of land circulation market relatively
and a corresponding system, regulate circulation behavior and oerating procedures.
Encourage farmers to lease and subcontract contracted management to new population
growth,so not only make the land utilization alive in the form,but also eased the contradiction
caused by the dynamic change of the population changes at the same time. In addition, in
order to preventing corruption of the government, township, village cadres cause shortage of
land, the government can transformate it’s functions,make public affairs, establish peasant
masses supervision channels and so on to avoid loss throngh operation land circulation
market by black-box.
3.3 Perfect rural social security system and solve the trouble back at home of
farmers.Only gradualy changing rural social security by relying on the contracted land into
relying on social security system, weakening the land security function, Can we play the
economic functions of the land as much as possible. Only the new population growth have
more social security,would they do not rush to want the contracted management of land and
can we stable the development of the rural economy.
3.4 Grasp the family planning work as an important element in the rural land system.
Continue to control the increase of the rural population and improve its quality. Controling
the population growth especially the rural population growth can reduce the problem of land
disputescaused by dynamic change of population. Family planning as a basic state policy
cannot let up in any time.
3.5 Perfect the relevant laws and regulations, and in particular to clear the ownership of
the land, right to contract and right of use. As benefits by the right of land continuous
improvement, striving for land management between the collective and farmer will more and
more outstanding. By through perfectning relevant laws and regulations, clearing the
responsibilities, avoiding transactions in private, Promoting the configuration of the rural
COPY RIGHT © 2012 Institute of Interdisciplinary Business Research
48
ijcrb.webs.com
INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS
MAY 2012
VOL 4, NO 1
land reasonable effective, then the new population growth have legal basis and contracted
land will be more successful.
COPY RIGHT © 2012 Institute of Interdisciplinary Business Research
49
ijcrb.webs.com
MAY 2012
INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS
VOL 4, NO 1
References
[1]Peng De Lin. New Institutional Economics[M]. People's publishing house of Hubei,2002.
[2]Tao Lin. The land system innovation of the household contract responsibility system[J].
Journal of Sichuan Administration College,2005.01.
[4]Ma Ju Kui. The thinking About the household contract responsibility system and the
reform of the rural land system.
[5]The notice on further stabilizing and improving the rural land contracting relations by
central committee of the communist party office and the general office of
thestatecouncil.xinhuanet,
http://www.ce.cn/xwzx/gnsz/szyw/200706/25/t20070625-
11933255.shtml
[6]Wang Tao. The land adjustment disputes of rural new population growth doesn't belong to
the land administrative cases[M]. Party school journal of CPC nanchang municipal party
committee,2007,5（1）.
[7]The disposal solution of idle land. The new materials of land appraiser[M]. Guangdong
economic press, 2010.5：256
[8] Decision on promoting the development of rural reform by the central committee of the
communist party of China 17 th third plenary meeting[N]. People's Daily，2008-1020（1-2）.
[9]Jiang Ze Ming. The comprehensive construction well-off society,create a great situation
socialism with Chinese characteristics—Report in the 16th party national congress[M].
People's Daily press，2002.
COPY RIGHT © 2012 Institute of Interdisciplinary Business Research
50