| "Urbanization" is a historical process of human production and way of life transforming from rural to urban-type model caused by the changes of social productive forces, which mainly manifested in the transformation of the rural population to urban population and the increasing number of cities and urban area expansion. "Agricultural land" means the farmers collectively owned agricultural land, including farmland, woodland, grassland, orchard and other land for agricultural production. The one hand, urbanization is conducive to intensive use of land and conducive to the size of land management, on the other hand led to increased demand for construction land, increasing demand for residential land expansion, increasing decline in the quality of agricultural land and the ecological deterioration of the environment. "Agricultural land protection" refers to various measures and actions taken to maintain and improve the agricultural land resource's quantity, quality and ecological environment, in order to coordinate the contradiction between the economic development and the demand of agricultural land, and to meet the long-term survival and development of human needs. "Legal institutions of agricultural land protection" refers to a combination of legal norms of social relations resulting from the adjustment in the agricultural land protection, is the legal institutionalization of agricultural land development, utilization, protection and management, composed of legal institutions of agricultural land ownership, legal institutions of agricultural land use rights and legal institutions of agricultural land managment。Legal institutions of agricultural land protection of other country give us the following revelation: (1) agricultural land ownership should be clear, agricultural land-use rights must fully.There is no necessary connection between public or private agricultural land and agricultural land protection effect, clear agricultural land ownership is the premise of protection of agricultural land, sufficient and secure land-use rights are the key to the protection of agricultural land. (2) Land-use planning is necessary to be perfect; land-use control must be strictly. Depend on the law to carry out the preparation and implementation of the planning, construct the system of land-use planning, use the planning to restrict the expansion of the size of urban area, emphasis on planning preparation and implementation of extensive public participation, emphasis on the use of scientific methods to prepare and manage the planning, and judge by the planning to carry on the partition, classification and licensing control of the land. (3) The purpose of land acquisition must be clear; the compensation of land acquisition should be adequate. It requests a sufficient legal basis, a clear purpose of expropriation, market-based compensation standard and complete expropriation procedures.China's legal system of agricultural land protection is composed of the Constitution, laws, administrative regulations, local laws and administrative rules and regulations. At present in the urbanization process, China's legal system of agricultural land protection is a flawed legal system, specifically manifested as follows: (1) Framework of the legal system of agricultural protection is flawed. There is the lack of the overall "Land Law" and a serious conflict between legal norms. (2) The value selection of agricultural land protection legislation exist bias. Agricultural land protection legislation emphasizes stability rather than fast, claims rough rather than detailed, emphasizes public law but underestimates private law, emphasizes substance but underestimates procedure. Measures to improve the legal system of agricultural protection are: (1) Improve the framework of the legal system of agricultural protection. Expedite the formulation of "Land Law" in progress and straighten out the relationship between legal norms. (2) Reform the value choice of agricultural land protection legislation. It needs to emphasize the timeliness, enhance the operability, strengthen private law nature and improve the procedure.China's legal system of agricultural land protection establishes the basic legal institutions of agricultural land protection in the urbanization process. Among them, collective ownership institutions are the prerequisite of agricultural land protection , contract management institutions are the basis of agricultural land protection, farmland protection institutions are the focus of agricultural land protection, land-use control institutions are the core of agricultural land protection, land acquisition are the key to the protection of agricultural land. The implementation of legal institutions of agricultural land protection has achieved some results, including slowed the speed and magnitude of the reduction in the number of cultivated land; land development, reclamation and arrangement improved the quality of some of arable land; grain for green improved the ecological environment of agricultural land to a certain extent. At the same time, there are still many problems, such as urbanization led to sustained reduction in the total arable land; urbanization intensified the decline in the quality of agricultural land; urbanization caused the deterioration of ecological environment of agricultural land.There are deficiencies in China's legal institutions of agricultural land protection, mainly as follows: (1) Institutions of agricultural land ownership are not clear. First, the nature of agricultural land ownership is unclear, existing different theories such as individual ownership theory, joint ownership theory and new total ownership theory etc. Second, the subject of agricultural land ownership is unknown. The meaning of the concept of "peasant collective" is not clear; the relationship between the various levels of collective unclear; the relationship between "agent" and "principal" is not correct. Third, the content of agricultural land ownership is ambiguity. Right of possession of collective ownership is not clear; right of income of collective ownership is insecurity; right of disposing of collective ownership is limited. (2)Institutions of agricultural land use rights are not complete. First, the right to use agricultural land is non-permanent. Law provides a temporary period of agricultural land use rights; law with respect to the adjustment of agricultural land is not complete; inheritance rights to use agricultural land is not clearly defined in the law. Second, right of income of agricultural land use rights is not empowered completely. Independent compensation item of agricultural land use rights is not established in the land acquisition; compensation of loss of people expected and indirect benefits lacks in the land acquisition; unreasonable restrictions on the right of transition impedes the achievement of the transition benefits of agricultural land use rights. Third, right of disposing of agricultural land use rights is limited. The scope of transition of agricultural land use rights is limited; the premise of transition of agricultural land use rights is limited; the mode of transition of agricultural land use rights is limited. (3) Legal institutions of agricultural land management are not sound. First, farmland protection institutions are not implemented. Proportion of basic farmland protection areas is excessively high and the institutions of the balance between the farmland occupancy and indemnity are "rigid". Second, land-use control institution is difficult to strictly be carried out. The authority of planning of land use control is not enough; land use control system that is not harmonious; land use control mechanisms is not reasonable. Third, land acquisition procedures are confused and lack of effective monitoring.Must well targeted improve China's legal institutions of agricultural land protection in the process of urbanization. Specific policy proposals are as follows:(1) Improvement of legal institutions of agricultural land ownership. First, clarify the nature of agricultural land ownership. Nationalization or privatization reform program is lack of realistic basis; reform of agricultural land ownership must adhere to the collective ownership direction. Individual ownership theory or joint ownership theory is not in conformity with China's legislation and reality; the nature of collective ownership of agricultural land should be classified as a new total. Second, clear the subject of agricultural land ownership. The subject of agricultural land ownership should be the collective of farmer members within a certain range; ownership of agricultural land in the exercise of authority should be for all members of the General Assembly or a member of Congress; ownership of agricultural land in the exercise of the implementing agencies should be collective property management committee; ownership of agricultural land in the exercise of supervisory authority should be the township (town) farmers collective property oversight committee, the village committee or village groups. Third, clear the content of agricultural land ownership. Clarify the right of possession of collective ownership; protect the right of income of collective ownership; perfect the right of disposing of collective ownership. (2)Improvement of legal institutions of agricultural land use rights. First, protect the permanent rights of the farmers to use agricultural land. Give farmers no-time-limit right to use agricultural land; totally eliminate the adjustment institution of agricultural land; clear inheritance right of agricultural land use rights. Second, realize the full right of income of agricultural land use rights. Establish independent compensation item of agricultural land use rights in the land acquisition; compensate the loss of people expected and indirect benefits in the land acquisition. Third, give farmers a complete right of disposing of agricultural land use rights. Abolish unreasonable restrictions on the scope of transition of agricultural land use rights; cancel the unreasonable provisions of the premise of transition of agricultural land use rights; give farmers the right of hypothec of agricultural land use rights. (3)Improvement of legal institutions of agricultural land management. First, improve farmland protection institutions. Reasonably determine the proportion of basic farmland protection and improve measures of the balance between the farmland occupancy and indemnity. Second, make strict land-use control institutions. Enhance the authority of the overall land-use planning; deepen the reform of land management system; perfect land management mechanisms. Third, improve the land acquisition process. Attach importance to the improving of the transparency of the process of land acquisition; strengthen the supervision of local government's right of land acquisition.
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