The Constitution of the People's Republic of China, the Civil Code of the People's Republic of China, the Property Law of the People's Republic of China, the Land Administration Law of the People's Republic of China and its implementing regulations all clearly stipulate that rural land belongs to peasant collectives, except as provided by the State law. Members within the scope of a certain collective economic organization enjoy the right to contract management in accordance with laws and regulations.
On this basis, in order to promote the moderate scale of land management and balance the interest relationship between collectives, peasant households and new-type business entities, the state, on the basis of the household contract responsibility system, implements the reform of the separation of the three rights of rural land, separates the right to operate from the right to contract management, and gradually implements ownership, protects the right to contract, and decentralizes the right to operate.
In order to protect the interests of all parties, the state has issued certificates of rights for different rights to fix the rights and obligations of different subjects. However, in practice, a large number of farmers believe that the land belongs to their own private ownership, and they "enjoy the right to operate independently, plant as much as they want, and plant whatever they want." Obviously, this perception is wrong.
So, what kind of right is the right to contract? The right to contract is a restricted property right. The main manifestations are: (1) Unlike other private property rights, the acquisition, inheritance and loss of contracting rights are based on the family. (2) The right to contract is derived from the ownership of the land and is managed and supervised by the landowner; (3) The contracting right is a usufructuary right.
All in all, although the state has increased the protection of rural land contracting rights, its exercise is still subject to relevant laws and socialist core values, and it is impossible to do whatever it wants. It is even more impossible to arbitrarily abandon farming or destroy soil power.
