Study Of Farmers’ Rights On Rural Land During The Citizenization

China is in a critical period of urbanization, citizenization of the rural residents is an inevitable phenomenon of urbanization, also the most important features of the rural residents gathering in the town in the process of urbanization. In this process of citizenization, the rural residents become citizens, which is not just a simple identity transformation. During and after the rural residents transform urban residents, the problem about their contracted land and homestead disposal, is China’s major policy choices must be carried out in the urbanization process. At present, China’s economic and social development has entered a new historical stage, cannot support the development of industrial and urban development at the expense of rural areas and rural residents’development. In this background, a more in-depth and specific study of rural residents’land rights, the land-based interests or land revenue redistribution among the subjects of land rights in order to "enhance the farmers’land rights, make land rights towards equilibrium", building a theoretical framework and developing a policy framework reflecting current situation of economic and social development and needs of the rural residents, have a strong theoretical and practical significance.This study firstly analyze the evolution of rural land system and farmers’ land rights, secondly does depth characterization and analysis of farmers’ land rights poverty during current process of urbanization and citizenization, and then uses empirical methods to analyze farmers’ appeal of their land rights. This paper reexamines the function of rural land under the progress of citizenization and learns from foreign experience, based on which this paper analyzes the current value orientation and normative character of farmers’ land rights. On this basis, this study clarifies the internal logic of the current reform, discusses several reform options, and analyzes the institutional advantages of the "three rights division" thought. Based on the "three rights division" thought, this paper designs approaches of farmers’ particular land rights and makes policy recommendations.The main conclusions of this paper are as follows. First, the core of the change of rural land system and the evolution is the change of farmers ’land rights. Farmers’ appeal of their land rights have to be reasonably reflected in the supply system, and this is the nessesary condition to make a reform succeed. Second, the current rural land system did not respond to the demands of farmers’ land rights in the dynamic process of the citizenization, which leads to farmers’ land rights poverty in reality. Third, according to the empirical analysis, the demands of farmers’ land rights during the process of the citizenization begin to separate and become multivariate. One part is to retain and enhance the function of the social security and resisting various types of risks, and the other part is to enhance the market transaction function of their land rights. Fourth, the urban-rural "static dual structure" had become to a "dynamic dual structure", and the current system of farmers’ land rights was adapted to the "static dual structure". Farmers’ only appeal of land rights is to occupy and manage the land to get benefit during the "static dual structure", and farmers appeal became to ensure their long-term claim on the land to resist risks and also to get more benefits through market allocation of their land right in the "dynamic dual structure". Corresponding to farmers multivariate appeals of their land rights is the primary orientation of current Change of rural land system. This is also the basis of the "three rights division" thought. Fifth, the study suggests building "three rights-division" of rural land rights system under collective ownership, which redistributes land-based interest between the subjects. For the contracted land, ownership and the rights to contract and the right to franchise are divided. ownership belongs to the collective, the rights to contract belongs to farmers, and the right to operate belongs to farmers which can be transferred to other subjects, so that the interests of farmers are protected, but also conducive to the development of an appropriate scale. Meanwhile, the "three rights-division" idea applies not only to the contracted land, but also to other rural land, should be also used to guide the homestead policy reform.The paper’s policy suggestion includes three categories. The first category is about farmers’ contracted land rights. The paper respectively put forward policy suggestion about building farm land transfer system based on "three rights division" idea and clear rights relationship, exploring a progressive and sustainable model of operating rights’ mortgage and guarantees, establishing and improving the paid exit mechanism of the rights to contract. The second category is about farmers’ homestead rights. The paper respectively put forward policy suggestion about exploring conditional and differentiated circulation system of the rights to build and live, developing long-term policies about paid quitting the distribution rights of homestead, exploring mortgage and guarantees of the right to build and live and the ownership of house. The policy suggestions of this paper build a preliminary policy framework for farmers realize their land rights under "three right -division" ideas. The third category is the protection of other land rights of farmers.