Is household contract management completely equivalent to the household contract responsibility syst

The household responsibility contract system refers to the form of agricultural production responsibility system in which peasant households contract land and other means of production and production tasks to collective organizations with households as units. Its basic characteristic is that while retaining the necessary unified management of the collective economy, the collective contracts land and other means of production to the peasant households, and the contracted households independently make business decisions in accordance with the authority stipulated in the contract and share the results of their operations on the premise of fulfilling the tasks of the state and the collective. The contractor and the collective economic organization sign a contract.

This is because land and other major means of production are owned by the state and collectives, but are only handed over to peasant households for use in the form of contracts, and the final products (grain and other crops) produced by peasant households through their own labor are distributed according to their work, and more work is rewarded. That's why it's called "co-production".

Before the Third Plenary Session of the 15 th CPC Central Committee, the contract production to households and the package to the households were called the household contract responsibility system (mainly referring to the contract to the households), and the Third Plenary Session of the 15 th CPC Central Committee was renamed the household contract management. is a concept of different periods of saying. It makes no difference.

There are two types of contracting forms in the household contract responsibility system (household contract management).

Package production to households. On the premise of public ownership of land and other major means of production, the contract is contracted on a household basis, and labor, production, and expenses are contracted. According to the provisions of the contract, a certain production task shall be completed within the limited production cost, and the contract index shall be rewarded, and the contract target shall be punished.

Lump sum to the door. It is also known as the large package and is an upgraded version of the package to the household. At present, it is the main form of household contract management.

Lump sum to household means that farmers contract land, produce independently, complete the target, and the rest belong to themselves. The contract does not stipulate the production cost limit and output target, and the contractor shall bear the production costs and arrange the production activities by himself, and the products shall be completely owned by the contractor, except for the payment of agricultural taxes to the state and the payment of public reserves to the collective. That is, "enough to the state, enough to keep the collective, the rest is your own".

It's pretty much the same, but there are still differences

Legal Analysis: Yes. Under the premise of adhering to the public ownership system, the land is contracted to the peasants, and the peasants bear certain obligations, the ownership of the land belongs to the collective, and the peasants only have the right to operate and use, which is essentially the right to belong.

The essence of the household contract responsibility system is to break the old agricultural farming model of collective ownership and collective management of land under the system, realize the separation of collective land ownership and management rights, and establish a new type of agricultural farming model based on collective land ownership and household contract management.

Legal basis: Rural Land Contract Law of the People's Republic of China

Article 25: After a contract takes effect, the contract-issuing party must not change or terminate it due to a change in the undertaker or responsible person, nor may it change or terminate it due to the division or merger of a collective economic organization. In order to prevent state organs and their staff from interfering with and harming the contractor's land contracting and management rights.

Article 26 also stipulates that state organs and their functionaries shall not use their authority to interfere in the contracting of rural land or to alter or terminate the contract. The contract of land contracting and management rights is a contract of entitlement, and the created land contracting and management rights belong to the usufructuary rights stipulated in the Civil Code, and the land contracting and management rights can only be terminated unless the land contracting and management rights are extinguished in accordance with the law due to legal reasons such as recovery and expiration.

The household contract responsibility is not only the right to operate, but also the right to use. The household responsibility system is a form of agricultural production responsibility system in which peasants take the family as a unit and contract land and other means of production and production tasks to collective economic organizations.

Legal basis. Article 330 of the Civil Code of the People's Republic of China [Double-tier Economic Cover Camp System and Land Contracting Management System] Rural collective economic organizations implement a two-tier management system based on household contract management and combining unified and separate operations. Cultivated land, forest land, grassland, and other land used for agriculture owned by peasant collectives and owned by the state and used by peasant collectives shall be subject to the land contract management system in accordance with the law.

Article 331 of the Civil Code of the People's Republic of China [Definition of Land Contracting and Management Rights] Holders of land contracting and management rights enjoy the right to occupy, use, and benefit from the cultivated land, forest land, grassland, and so forth they have contracted and operated in accordance with law, and have the right to destroy agricultural production such as planting, forestry, and animal husbandry.