Research On Establishment And Application Of The Farm Land Development Right In The Proceeding Of FarmLand Protection In China

Farmland protection is the base of national economy in respect of agriculture and food security. In China, farmland protection plays an important role in protecting farmers and ensuring social security in addition to guaranteeing the productivity of agricultural industry. With the symbol of the No.11 Document sent out by CPC in 1997, Land Administration Law revised by the 4th session of the Standing committee of 9^th NPC in 1998 and came into force in 1999, China's farmland protection comes into a new phase of Dynamic Equilibrium of the Total Cultivated Land. Under the background of expanding domestic demand, accelerating economic development and strengthening ecological construction, the amount of Cultivated Land and Prime Farmland is sharply reduced. Especially in the past 10 years, the cultivated land is reduced by 8 million hectares from 130 million hectares in 1996 to 122 million hectares in 2005. The whole farmland protection situation is becoming more and more rigorous, particularly the cultivated land and basic farmland.Our country has made numerous farmland protection policies and employed all kinds of measures, such as economy, politics, law, technology, etc. to keep farmland conservation within limits. In recent years, in spite of a large amount of research in the protection of farmland especially cultivated land, we still have not got the satisfactory effect in farmland protection. One important reason lies in cultivated land protection cost which bears the weight of national food security and ecological safety is a kind of public expense and should be provided by nation, in reality however, the large part of it is put on farmers and local governments. So it is unfair for those farmers and local governments to afford cost which benefits the whole society. Therefore, the key of solving the cultivated land protection problem is to compensate fanners and local governments for undertaking social task of protecting the public product of cultivated land, i.e. to change the free cultivated land protection to charged land protection, principled by social fairness and efficiency. Jurisprudentially, this needs a kind of system arrangement supported by property right. Based on the existing state system and land right system, the solution of this problem lies in the introduction of the Farmland development right.Integrated with the current national situation, the paper introduces and establishes China's Farmland development right system with the research of farmland protection situation and variance of land right. Using this tool of property right it revises and innovates land right system and farmland protection policy. The paper is composed of five parts: (1) Research summary, relative theories and basic conception of farmland protection and farmland development right; (2) Current situation and issues of farmland protection, reason analyzing of policy failure and system improvement scheme from view of property right; (3) Origination, background and feasibility analysis of farmland development right; (4)Construction, economic value analysis and application of farmland development right; (5) Main research conclusion and policy suggestion.In the first part, on the basis of studying the surveys and combing relevant theories both in domestic and abroad, the author frames the basic concept of farmland protection and farmland development right. In the beginning, the paper introduces research background, methods and basic thought. Then, it reviews and comments the relevant research of domestic and international farmland protection and farmland development right. Based on above the author introduces and defines the theoretical foundation and basic concept ,it also lays a solid foundation for the following part in researching right property of farmland development right, system construction and application in farmland protection.In the second part, by reviewing the history and analyzing the current situation of our farmland protection system, the paper evaluates and comments the implement effect of national protection policy, explains the connotation of farmland protection and its policy system, and emphasizes the importance of farmland protection at the present stage of our country; from logic view of farmland protecting action, the author gives an economic analysis in farmland protection cost and profit of subjects, emphatically dissects the main problem exposed in farmland protection and proposes solution of refining the Farmland protection system in terms of property right.In the third part, proceeding with the essence and variance of land rights, the paper reviews the origination and property of farmland development right and points out its necessity and urgency in modern China's development. Viewing from legal environment, system background and current condition, it is high time that China established and exerted the farmland development right and even applied it into some other fields.In the fourth part, based on the current land property right system and farmland protection policy system of our country, the author constructs the specific system of farmland development right on legal property, right origination, category, disposing, circulation method and so on. He carries on economic analysis in the value of farmland development right on the basis of system design and designs the suitable assessment methods with which several main categories of farmland development rights are evaluated. On the basis of above system establishment and assessment methods, the author studies the application of farmland development right in farmland protection of our country from arousing the enthusiasm of farmer and local government.In the final part, author draws the main conclusion and gives policy advice.On studying and concluding relevant research and practical system of farmland development both domestic and abroad, the author systematically researches in establishing the farmland development right and applying it to farmland protection in modern China. The main achievements and possible innovation of this paper are as follows:On the basis of domestic and international comparative study, the author tries to use the tool of property right to solve the practical problem of land administration from the view of law. He scientifically defines the connotation of farmland development rights, i.e. the land development rights of our country including farmland development right and urban land development right. The farmland development right refers to the right to transform agricultural land to construction land. The urban land development right refers to the right to change the intensive degree of land in cities. He also analyzes the origination and jurisprudent character of farmland development right. According to relative theories, author constructs the value analyzing method in farmland development right.The author carries on system design of the Farmland development right and realizes its evolution from distinct concept to system arrangement, including right orientation, right classification, disposing scheme, operating mechanism, etc to construct the farmland development right system frame in China; he analyzes and explains the value of farmland development right in China from the view of economics, discusses the assessment methods of farmland development right and applies them to several kinds of its main categories. So he makes the abstract value of farmland development to be able to quantize and applies the farmland development right theory and system design into farmland protection.Based on the constant premise of existing state system and land right property, under the background of system reform in land property right and use system, the paper believes there must be great economic and political utility with the application of farmland development right into farmland protection and ecological environment, which includes policy improvement and explanation utility, system standard and management utility, farmland protection and farmer's right protection and land right profit and real estate risk prevention utility, and so on. The paper also believes establishment and application of farmland development right will make the land use right and power system institutionalized, provide jurisprudent base and theoretic explanation for our current farm protection system, such as land expropriation, land use administration and total amount equilibrium of cultivated land. It provides innovative theoretic foundation and thought for reform. In the layer of land property right, it can unite two empowerments and values of land property right, control the amount and process of land exploitation, adjust the spatial deployment of land exploitation, promote and control the circulation of group-owned farmland.Farmland development right is a new right; our country's land use and plan management practice need to be directed theoretically by farmland development right and to be standardized by arrangement of relative right. Therefore there are a lot of problems wanting further and extensive research, such as separate administration with integrated land use and exploitation degree, distribution and regionalization of farmland development right and urban land development right, and control method and supervision system to prevent right abuse when farmland development system is put into force, and so on and so forth.