A Study On The Security Of Farmland Use Right In The Urbanization

The central problem of this paper is on the general rules, concrete ideas and measures that should be followed, when the security system of farmland use right is designed in the urbanization. Although there are many researches on the security of farmland use right, it often confined to the department law. There are few works on systematic theory research. In fact, the problem on the security of farmland use right as one of the important contents of "agriculture, rural areas and farmers" problem can't be solved with one or two countermeasures. It is a systematic and long-term project. There are general internal rules in it. These theories of Chinese rule to solve the problem of the security of farmland use right is crucial.Chapter one: the related concepts on the farmland use right, and the relationships between them. Firstly, the basic connotation and legal characteristics are emphasized, and the influence of farmland use system of China is introduced. Secondly, it discusses the interactive relationship between the urbanization of China and the farmland use right. China's urbanization as the background of this study, give the issues the opportunities, but also make the problems and contradictions inherent in the rural areas increasingly prominent, and it can still take new problems constantly. The content of farmers'right promotes the development of dynamic equilibrium at the same time. Finally, the paper expounds the own attributes of the farmland and their value sort. The paper find the development direction of the security of farmland use right in the own attributes of farmland.Chapter two: summary of the system of the farmland use right and evolving laws. Firstly, it describes the system of collective land ownership, and from the collective theory, looks for the inherent disadvantages in collective land ownership system, and the reason why the individual farmland use are lack in the collective. Secondly, it defines the basic concepts and legal position in the household contract responsibility system. It analyses the external environmental impacts and the internal system impacts in the process of urbanization. They put forward higher request. Finally, China's agricultural development of the system meets the certain rules. It performs the combination of the mandatory changes and the induced changes. Among them, the reason of the state needs to balance the multiple factors in the context of urbanization, in order to meet the general trend of China's land system.Chapter three: the analyze of the situation of the security of farmland use right in the urbanization of China. It introduces respectively the system characteristics and realistic manifestation of the related systems, such as, the land registration system, the land transfer system, the expropriation system, and the farmland right relief system. Under these systems, the land shows a highly fragmented land status. To the farmers in China, the dependence on the land shows the trend of diversity. There are many drawbacks on the land management of the State. Meanwhile, China's urbanization has also produced a new rural impact on the land to use. Although the content and the system of the law on the land to use is healthy, but there are still fuzzy system, attached to the policy and other defects.Chapter four: the protection of individual farmland use right in the urbanization of China. Reform of the land system in China should be placed on the individual rights of farmers, because it leads to the situation of vulnerable groups of Chinese farmers. We should use various means and logic to protect the land to use of farmers, in order to meet economic equality, political equality, social equality of rights. The ultimate aims are the incentive for individual farmers, long-term stability of rural land system, more development freedom, play the function of the collective system better, and the realization of other rights of farmers.Chapter five: the theoretical analysis on the reform of the property protection of farmland use right in China. It mainly divides into three categories. Firstly, we should value the role of the legal ideology in the system of farmland use right in China. The core content of legal ideology provides a breakthrough to solve the reform of the rural land system in the urbanization of China. Secondly, the system of farmland private property in China will not work. This is not only decided by the China's present situation, and the legal ideology doesn't mean the land privatization. Finally, the analysis on how to go out of trouble of the Chinese collective land ownership. The plight of collective land ownership is the ambiguity on the disciplinary right of the system of collective land. Therefore, it is necessary to protect the peasants' individual interests in collective internal, and establish a binding of land use evaluation mechanism in the collective external. So the farmland can really go out of the collective predicament.Chapter six: the concrete ideas on the reform of the system on the farmland use right. Firstly, the legal system of protection of farmland use reform direction analysis. We should overcome the ambiguity of the legal system, prevent the doctrine of legal tools, attention the orientation behind the legislation, and also note the transformation of the property right theory to apply. Secondly, basic ideas of the property rights protection of farmland use right construction in China. We should start from the peasants' individual rights protection. Property construction is the core of farmland property rights system arrangement. We should innovate boldly the farmland use right circulation structure. Thirdly, sounds the supporting system and measures of the security of farmland use right. We should establish perfect land registration system, perfect land transfer system, perfect land expropriation system, and perfect system of social security of the farmers.