论文部分内容阅读
众所周知,我国计划经济时期法律禁止土地流转。1982年宪法确认国有土地所有权属于国家以及集体土地所有权属于集体所有,直到上世纪80年代中前期,宪法和《民法通则》对于城市公有土地与农村集体所有土地都是禁止流转的。当时在传统社会主义公有制与计划经济体制下,物权概念在逻辑上一直是被否定的。而改革的起点就是源于与土地使用制度密不可分的农村联产承包责任制。
As we all know, China’s planned economy prohibits land from being circulated by law. The Constitution of 1982 confirmed that ownership of state-owned land belonged to the state and collective ownership of land belongs to the collective ownership. Until the first half of the 1980s, the Constitution and the “General Principles of Civil Law” prohibited the circulation of both urban public land and rural collective land. At that time, under the traditional socialist system of public ownership and planned economy, the concept of real rights was always denied logically. The starting point of reform comes from the rural contract responsibility system which is inseparable from the land use system.