A Study On Land Property Rights Of Farmers

The study of farmers’land property rights is on the concept of "rights-based" and "equal concern and respect. The farmers on the land should enjoy the legal rights to property law reform. Farmers’ land property rights should be taken seriously, including the issue of farmers, the issue of rural land and the issue of property rights. The three join points can be attributed to the farmers of rural land "character property rights." Therefore, the meaning is to give farmers the value of the personality of the characteristics of land rights, strengthening farmers’ land property rights law.On socialist rule of law and reform in the context of urban and rural in China, peasant land property rights protection and implementation is a matter of legal, economic, social and ethical fields as an integrated proposition. Research to farmers’ land property rights is based on protection of human rights, perspective agency of the farmers, valued target to the rights of property, so as property law reform the land rights. Through historical research methods, comparative research methods, theory and empirical research methods, it is to explore the basis, contents and protection of farmers’ land property rights, for solving some issues as what, why, including what and how to implement and protection. It has important theoretical and practical significance.Existing literature on farmers’ land rights are very extensive research, including the right of farmers’ land rights, nature of rights, content of rights, exercise and protection to the rights, and the related aspects of rural land property rights system.It provides a theoretical basis for studying the realization and protection of farmers’ land property rights.There is currently no academic or scholarly writings of the farmers land property directly as a comprehensive study, or the analysis of farmers’ land rights and protection issues by property law concept and structure. A systematic study of the farmers land property is necessary such as the right system, the exercise of rights and rights protection.Land property rights of farmers as a category refers to the legally freedom and qualifications of all property interests to the rural collective land entitled to farmers which as a member of the rural collective organization. Farmers’ land property rights is the right as a legal system needs to be recognized by the real probability of its subjects of rights, the right to object and have the right content-specific requirements.The theoretical basis generalizes the related theory from the property law theory, the manpower development theory, the theory of land rights and the research to rural land property rights. The law theory of property rights mainly includes the issues of its nature and structure, property rights system and content, and the property rights legislation and protection. Property law theory helps to explain property law structure of farmers’land rights. Theory of land rights structure includes land rights (land management) theory, the theory of land ownership and development rights for land, providing a theoretical basis for the public control of farmers’ land property rights, rights system and future equity compensation. Theory of rural land property rights system reveals the relations and the allocation of rights on the system design in rural land, by the state and collectives and farmers, including the innovation of collective land ownership system, the nature and exercise of collective ownership, the transfer of land use rights, based for further study of specific content and nature of farmers’ land property rights.Comparative law studies of farmers’ land property rights in developed countries, in developing countries and in Russia, reveals common features and trends of modern farmers land property rights, which including the binary system as the ownership and the right to use, the stride of value target from ownership of property to use and more into circulation, as well as equal attention policy between protection and limits on farmers’ land property rights. How to give the farmers directly, independent land property rights, has an important reference for Chinese ongoing reform of the rural land system.The historical evolution by sort out the farmers land property rights of ancient China, modern and socialist period, is to explore the farmers’ status in land ownership structure and development trend of farmers’ land rights. Through the analysis of ancient Chinese land property system, especially to reveal the nature of the burden of farmers land property rights, under the main ancient fields system as well as Well-field system, Sub-fields system, Equal-field system and Tenancy system, summarizes the main features and trends, including gradually reduced personal attachment, the independent of farmers’land use rights, the property and the market characteristics of land rights, in order to learn for Chinese rural land policy reform from some positive factors. Through comparison of two different programs of "land to the tiller" in Modern China, reveals the utopian ideals of "Heavenly Land System", and the progressive thinking of "Average land ownership " by Sun Yat-sen. In the process to practicing the thinking, the two parties had put forward different land policy to solve the farmers’ land objectives, and the results are exceptional, which demonstrated that the land revolution lead by the CPC was inheritance and development of" Average land ownership ".Socialist farmers land property rights is the individual ownership of land after farmers, farmers collective ownership of land and property rights more double into a new land. The basic direction of rural land policy reform is giving farmers a stable and "long-term change" the property rights.The transformation of farmers’ land rights through the property law is the basic requirements of China’s rural development and farmers rights protection. The farmers land property rights should be consistent with the wealth of ideas, exclusive theory, the theory of bundle of rights and interests of equilibrium theory the concept of modern property law, the basic requirements for the realization of farmers’ land property rights and protection for real path to provide a theoretical analysis tools. Chinese farmers’ land property rights through a modern property law with the concept of control, the real probability and probability analysis tools should be necessary for farmers under the property’s history and current status of land to make comprehensive judgments, combined with urban and rural areas under urban and rural socialism integrated development of the core values of the land rights of Chinese farmers seek development, land property rights of farmers to carry out statutory, market and equality of the Trinity property law structure.The stydy of property rights system is the legal analysis of content and structure of the farmers’land property rights. In the public-private distinction of property rights, the land property rights system can be overall structure of the dual property, National land right is rights as a national law. The private property right is multiple-beam bundle of rights on the land including land ownership, land use rights and land tenure rights. The building of farmers’ land property rights system is a breakthrough and innovation to the traditional 1 property rights system. The interests in farmers’land property rights should be typed in order, including ownership interests, use interests, transfer interests and future interests, so as to build Interrelated and interact on the farmers land property rights system, including farmers’rights of land ownership, land use, land transfer and future rights.The stydy of exercise and implementation of rights is of the specific study on the realization of the exercise of property rights from the perspective of farmers, with the actual situation, of Chinese rural land law. Collective land ownership is a new type of legal ownership of property, the farmers in the collective land ownership enjoy nature rights. All group members have a collective form of property ownership. The issue of "subject virtual spaces" should be addressed in the exercise of rights, the rural collective economic organizations should be remodeling legally. The farmers’rights of collective members should have the collective membership and enjoy the resulting property rights, the key is to identify of the content standards and accreditation of farmers’collective membership, and scientific definition the basic relationship of collective self-government and judicial intervention. About the right to land contractual management, mainly analysis of rights properties, rights content, subject and its alteration of rights, rights to inheritance, rights transfer mode and changes of rights. Homestead rights to use have some defects such as the benefits and free, but the existing overall limits policy should be changed, The ideas should be of land use right and property wealth, and in accordance with "section of the source" and "open flow" of system innovation, control and regulation of the origins of the rural homestead by the principle of’one family, one house".The stydy of improvement of the law is an institutional design and legislative proposals based on the theoretical analysis. Reform of rural land rights need to build farmers’land property rights legal system, including the integrity system of property rights, freedom circulation system, scientific management system and the compensation system. Improving and completing a wide range, all-round mechanisms of legal remedies and dispute settlement, is an important measure to protect farmers’ land rights, to achieve a harmonious and stable development of rural areas, which also need to build farmers ’land property rights, legal protection of special groups, improve farmers’land property rights in civil, administrative and criminal liability on the system. The study advocated that the legislation of farmers’ land property rights should carry out under the constitutional principle of the unity, and strengthen specifically protection on farmers’rights.The empirical study consists of two parts. Case studies of rural land contract disputes report mainly on the 140 judge instruments related to agriculture by Jiang-ning District Court. Through the analysis of the case, We should strengthen the farmers’ land legal rights awareness, regulate rural land contracting and transfer, and require equitable interests of the parties, so as to safeguard farmers ’legitimate interests in land.The public policy analysis of replacement homestead land is a survey practice through in Tai-hu County in Anhui Province, which discuss the issue of local governments’ interests-driven to construction land quota, protection of farmers’land rights and the orderly launch of replacement.Through theoretical analysis and empirical research, the basic conclusions of this paper is that the transformation of farmers’land rights through the property law meets to the value of socialist manpower development, and the statutory, systematization and marketization of farmers’ land rights is the basic dimensions of rural land property rights system.. It is important to build and improve farmers’ land property rights, and to build unity protection under the constitutional principle for improving farmers ’land property rights law.