Practice Mode and Value Research of Reform of Rural Collective Economy Property Right System in Beijing Rural-urban Continuum

In the research, reform of rural collective economy property right system in Beijing rural-urban continuum was explored in terms of background, cause, pro- cess and practice modes by surveying and interviewing, and the value of system reform on urbanization in rural areas was illustrated from the perspective of farmers who lose lands. The results showed that since reform and opening-up, disadvan- tages of collective economy property are always the fundamental cause of reform; rural-urban contradiction produced from rapid urbanization makes the reform much more urgent; shareholding co-operative system is the essence of reform of collective economy property right system. Rural collective economy property right system in Beijing includes stock-assets quantification shareholding co-operative system, share- capitalization of contractual land management right, farmers as shareholders by investment, and resource and capital mode, with advantages and disadvantages respectively. The common character should be noticed is that all modes have share on contractual right of land, indicating the core of the reform of property system lies in asset quantification and stock quota. In improving urban-rural integration and modern market system, as well as endowing more rights to farmers, reform of rural collective economy property right system is of great significance, which provides a transition space and buffer mechanism for urbanization in rural areas.

The New Contribution to the Important Discourse on Human Rights by General Secretary xi Jinping

Under the background of the fact that human rights protection has become an important part of the socialist construction with Chinese characteristics in the new era, and with the international background of the strengthened trend of mainstreaming of human rights, Xi Jinping’s series of speeches and the 19 th CPC national Congress reports comprehensively explained the construction of human rights in China and the development of the international human rights. The important discourse on human rights by General Secretary Xi Jinping is people-centered: people’s yearning for a better life is our goal and reveals the source of human rights. Chinese dream is a dream of the country, of the nation, and of everyone in China. The close integration of individual and collective human rights points out that the state and people are important parts of collective human rights and it is an effective response to the "human rights over sovereignty" of Western countries. That there are not the best human rights, but the better ones; fighting for human rights is not always done, but always doing scientifically reveals the operational form of human rights. The right of survival and development is the primary human right; to attach importance to the right of peace conforms to the reality of our country and it has the support of the vast number of developing countries. Building a community with a shared future for human beings is a new vision for the development of the international human rights. only when the perfection and implementation of Constitution and law are paid attention to, and the democratization and legalization of the international human rights cause are promoted, can the guarantee be provided for the realization of human rights. The important discourse on human rights by General Secretary Xi Jinping is guided by Marxism, carries the communist party member’s original intention of serving people and is deeply rooted in the masses of the people. It inherits the theory of "benevolence" and "harmony" in Chinese culture,stands at the height of history and times, and points out the direction for the all-round development of Chinese people and the overall progress of society, and for the liberation of all mankind. This scientific theory is successfully guiding China’s human rights construction constantly towards new achievements and has had a profound and extensive impact on the international human rights cause.

On the System Structure of Socialist Human Rights Theory with Chinese Characteristics

General Secretary Xi Jinping’s important statements on respecting and protecting human rights provide authoritative guidance for constructing a socialist human rights theory with Chinese characteristics. Based on his remarks, the theoretical system of socialist human rights with Chinese characteristics is composed of four major parts: Functions of human rights, subjects of human rights, connotations of human rights and protection of human rights. The functions of human rights consist of people’s interests and free and all-round development. The former is the basic function, while the latter is the ultimate function. The subjects of human rights include collective human rights and individual human rights. The latter is the basis of the former, while the former is the latter’s guarantee. The connotations of human rights cover basic human rights, foremost human rights and specific human rights. The protection of human rights is composed of legal protection and international human rights governance. All five parts of the system of the socialist rule of law with distinctive Chinese features guarantee the protection of human rights. China has participated extensively in the cause of human rights in the world, protected the rights to subsistence and development of people in every corner of the world for a long time, actively promoted the reform of global governance of human rights and the construction of a community of a shared future for human beings, and highlighted the international legal protection of human rights.

Individual Human Rights and Obligations Towards Communities

Tensions and oppositions between the individual and community have accompanied the discourse on human rights from the beginning. I want to first recall how in the UDHR （1948） and in the major human rights treaties, the rights and obligations of individuals are regulated towards communities. I then want to investigate whether the talk of ＂collective human rights＂, understood as ＂third- generation＂ rights, are of equal value to be set with individual human rights. Against communitarian arguments for the primacy of community-related duties one can stress an expansion of a liberal concept of human rights by the inclusion of justice demands and social human rights. To show that special community needs can be protected and promoted through individual human rights and national col- lective rights, I used the example of the protection of minorities. Finally, I will explain why human rights are not a comprehensive theory of the good and illustrate with this the limits, and also the original strength of human rights. We should not overestimate human rights, but also we should be aware that a sober understanding of human rights is philosophically reasonable, legally possible and politically of great importance.

The Practice and Reconstruction of Village Communal Ownership: An Analytical Framework for Collective Forest Tenure Disputes in China

As shown in the many disputes occurring in reforms to collective forest tenure, reforms aimed at clarifying property rights that follow the contract responsibility system for arable land are not wholly compatible with the informal system of property rights followed in village communities up to the present. This highlights the fact that the existing theory of collective property rights no longer provides a sufficient or effective interpretation of the property rights game in the practice of collective forest tenure. Further, the existing institutional arrangements for collective property rights are conducive neither to the resolution of disputes over forest tenure nor to the sustainable management and utilization of forest land. Therefore, it is necessary to develop a more inclusive analytical framework for rural property rights： village communal ownership. This highlights the village community as the main force in the practice of property fights and integrates the communal ownership values accumulated and inherited in the course of village transition. The introduction of a rational mechanism developed through the practice of village communal ownership may be able to further improve and encourage the reform of rural property fights in China, leading to the construction of a modem system of rural property rights involving clear title to the land.