Farmers' Land Rights And Interests Protection Against The Background Of Urban-rural Overall Development

Balancing urban and rural development lies in narrowing the development gap between urban and rural areas. It is not only necessary to reflect the city as a "development pole" playing a role in promotion and radiation, but also to play a basic role in the rural areas, in order to realize rural and urban integration as well as the coordinated development of industry and agriculture. But since the reform and opening up, the gap between urban and rural areas has been expanding with urban expansion and industrialization, the ownership and use rights of the land which farmers depends on survival protection are forced to be transfered at the lower price, thus the farmers are in the relative poverty. How to effectively protect the land rights of farmers has become the major problems which we are urgent to solve in balancing urban and rural development.Taking Marx's rent theory, theory of fairness and efficiency as a guide, combining the theory of integrating rural and urban development and the theory of property rights, based on the use of the methods including empirical analysis and normative analysis, theoretical research and case analysis and so on,the issues of China's farmer land rights and interests were discussed in the planned economy time and after the reform and opening up under the "dual economic structure",as a result, the farmers had different land rights in different stages, but in general,the agricultural land system was constantly adjusted to better safeguard farmers'land rights in our country; and then the issue that how to protect the land rights was discussed from the perspective of balancing urban and rural development, it was not difficult to find that the loss of farmers'land rights was rooted in the dual structure of the system. The initial idea including property rights and the scope of authority, stability of property rights, co-ordination between the rights and interest and so on, was put forward on protecting farmers' land rights from the perspective of balancing urban and rural development, the issues of the compensation for land expropriation and transfer of farmland use rights were studied. Due to the good effect of promoting the common development of Taiwan's urban and rural areas by agricultural policy, the approach of using agricultural land institutional change to promote the common development of urban and rural areas was explored in order to seek their experience for reference.Based on the above analysis, the system of "dual structure" damaging the land rights of the farmers should be done away in the aspects of the expropriation and transfer of agricultural land, and corresponding institutional innovation and relevant policy recommendations were put forward. Institutional innovations included reforming agricultural land expropriation system as the core of property rights, carrying out a reasonable land rights distribution among farmers, collective and the government, giving farmers and collective more distribution right in agricultural land expropriation and breaking government monopoly of primary land market.On a voluntary basis, it was necessary to ensure the compensatory and full flow of farmers'land use rights. Policy proposals were mainly as follows:establishing the dynamic mechanism of protecting the farmers for their land rights and improving the government functions. In short, farmers' land rights could be manifested clearly and fairly in agricultural land expropriation, the corresponding incentive measures should be made to make sure that the transfer of farmers'land use rights went with the development of modern agriculture.