新中国农村土地产权制度沿革

The Evolution of China's Rural Land Property System

新中国的农村土地产权制度沿革分为六个时期:一是1949-1952年的土地改革时期,贯彻落实了《土地改革法》,建立了农民土地所有制;二是1953-1957年的农业合作化时期,限制并消灭了富农经济,建立了集体土地所有制;三是1958-1978年的人民公社时期,实行人民公社所有制;四是1979-1985年的双层经营体制建立时期,建立了家庭联产承包责任制;五是1986-1997年的市场经济体制建立时期,农村土地产权制度变革朝着大力发展商品经济、运用市场机制来配置资源的方向发展,农民也逐步获得了土地的部分处分权;六是1998-2012年的最严格的土地管理制度建立时期,主要以新《土地管理法》为核心确定产权制度,《物权法》确定土地承包经营权、建设用地使用权和宅基地使用权为用益物权。

There are six stages that China＇s rural land property system has developed. First, the land reform period of 1949-1952, during this period, we implemented Land Reform Law, and established land ownership by farmers. Second, from 1953 to 1957, the period of agricultural cooperation movement, when we restrained economy of enriching farmers and even eliminated it; and the collective ownership of land was set up. Third, the period of the People＇s Commune from 1958 to 1978, during which we carried out the ownership of people＇s communes. Fourth, the period of dual operation system from 1979 to 1985, in which we established the family-contract responsibility system. Fifth, the period of market economic system from 1986 to 1997, during this period, the transformation of the countryside land property right system moved in the direction of energetically developing commodity economy and using the market mechanism to configure the resources; and the farmers have gained part of disposition right of land. Sixth, from 1998 to 2012, this period was the most strict land management system, when the property right was determined with the Land Management Law as its core; and land contracted management right, the land use right for construction, and rural homestead-land-use- right were determined as the usufructuary right in Property Law.