摘要
一、导论 1970年代末到80年代,中国农村广泛实行了以家庭联产承包责任制为核心的改革。改革废除了延续二十多年的"三级所有、队为基础"的公社经济体制,①而把农民家庭重新确立为基本生产单元。但是,"队"并没有在体制和观念上消失。
This essay investigates the land transaction customs and contracts that prevailed in the village land market before the 1950s.The author argues that the customs and contracts maintained the frequent land transaction, which was largely resulted from the social structure of the village and the change of labor/land ratio among peasant households. Unfortunately, the effort in modernizing traditional legal system in the first half of the century failed to re-institute the land transaction custom into a new western-style civil code. The author suggests that, in the process of legalizing the current ru- ral land redistribution system, legislators should take into consideration the grass-roots practices accumulated during the rural reform since 1980s.
出处
《北大法律评论》
1998年第2期427-504,共78页
Peking University Law Review
