The Basic Government Infringing Farmers’ Land Rights And Governance

The research object of this paper is an important phenomenon:The basic government infringing farmers’ land rights. The land is the important basis for human survival and development. It has the profound influence not only on the operation of the national economy and social development, but also concerns the protection of the rights of citizens, social stability and the country’s political development. After the reform and opening up, with the urbanization, industrialization and agricultural modernization, there is phenomenon of the local government especially the grass-roots government abusing public power and infringing farmers’ land rights. In view of the phenomenon spread of illegal invasion right of farmers, the central government tried to take the land expropriation, the implementation of the vertical land management system, establishment of a system of land inspectors and other measures to prevent and curb. But the implementation situation, the effect is not very ideal. The power to infringe upon the land right of farmers not only endanger the survival and development of farmers, but also has caused serious damage to the China social stability and the credibility of the government, Therefore, to provide effective theoretical support and policy guidance for the management to the phenomenon of current grass-roots power to infringe upon the land right of farmers, it is urgent to research the problem deeply.This research starts with types of infringing farmers’ land rights behavior and the influence on the national governance. Research tools are system analysis. It analyzes the causes and behavior mechanism of grass-roots power to infringe upon the peasants land rights. It combs overall idea of governing the phenomenon of grass-roots power to infringe farmers’ land rights. Finally, it discusses the corresponding countermeasures.In the introduction part the article mainly defines and explains the basic concept, the analysis of ideas, the main research methods. The first chapter mainly aims is describing. This chapter describes the classification and changing requirement of contemporary Chinese farmers’land right. Combined with a case statement the article mainly introduces main types of contemporary China grass-roots power to infringe farmers’land rights act and the impact on the governance of the country. The main task of the second chapter is interpretation. This chapter analyzed the reasons and the promotion of grass-roots governance infringing the peasants’land rights."Top-down" official assessment and promotion system and the reform of the tax system make the grass-roots officials seeking to "to the employment and promotion","to make money. It is the main reason the phenomenon flooding of grass-roots government infringing farmers’land rights. The autonomy of villagers "administration"、the financial crisis and the village officials power rent-seeking are the main reason for the villagers committee infringing farmers’land rights. The third chapter discusses the basic mechanism of grass-roots government infringing farmers’ land rights. It mainly involves three aspects:firstly, the grass-roots governance abuses land management right through "land reserving" and "violation of legal procedure of land acquisition". Firstly, the grass-roots governance abuses the police and limits farmers’freedom. Finally, the court do not file and delay judgment on the fanners’charge.The main purpose of the fourth chapter is to guide. Effect of the relative control measures taken by central government has not been very ideal. This chapter focuses on the principles needed to be followed and erroneous theory and practice which we should avoid in governance of grass-roots power infringing farmers’ land rights in order to make the concrete countermeasure more in line with the Chinese conditions, more realistic, pertinence and effectiveness. It is conducive to provide a clear direction and the overall train of thought of governance of grassroots power infringing farmers’ land rights phenomenon. The fifth chapter tries to put forward the countermeasures for effective governance contemporary China grassroots power infringing farmers’ land rights phenomenon on the analysis basis of the introduces and the description of previous chapter. The occurrence and reaching of the grassroots power infringing farmers’ land rights phenomenon is triggered by a multiple factors. Before, this chapter thinks that the governance of the phenomenon must pay more attention to system, integrity, coordination of countermeasures and at least we should do the following:Firstly, we should Improve the system environment and eliminate infringement power in order to lay the foundation for the governance of grass-roots power infringing farmers’ land rights phenomenon; Secondly, we should perfect and security the system of farmers’ land rights; Thirdly, we should scientific deploy and regulate local government land management power; Fourthly, we should promote implementation of land illegal accountability system; Fifthly, we should perfect the system of land inspectors; Sixthly, we should perfect the system of villagers’ autonomy and improve the degree of farmers organization.This article attempts to achieve the viewpoint innovation and to deepen the study of theory:(1) Deepened the study of causes of grass-roots power infringing farmers’ land rights phenomenon. Through the "economic man hypothesis" theory and "public rationality" theory, based on the system analysis tool and combined with case analysis, the article more in-depth, detailed explain the interior mechanism of the changes and evolution about China current official assessment and promotion system and financial and tax system making grass-roots government infringing farmers’ land rights phenomenon. At the same time it pointes out relation between village committee infringing farmers’ land rights and grass-roots government by the villagers’ autonomy "administration".(2)The article explains how the phenomenon of grass-roots public power infringing farmer’s land rights is done. Previous studies lead to little how grass-roots public power reaches infringing farmers’ land rights. The article takes the special form study about the problem. It more concretely discusses the realization mechanism of grass-roots public power infringing farmer’s land rights phenomenon from three aspects. They are grass-roots public power main part abusing of land management right, specific ways to suppress peasant opinion expression and enforcement supervision inefficiency of land management law.(3)It provides a clear thinking on management of grass-roots public power infringing farmer’s land rights phenomenon. This article expanded the research field of vision. Combining the management experience of previous land problem and power balance principle the article puts forward the basic principles of managing grass-roots power infringing farmer’s land rights phenomenon which we should adhere to and need to avoid misunderstanding. It provides with new clear ideas which is suited to realities in china about solving the problem.(4) To clarify some appear wrong argument. Some claim seems to have become "common sense" in the governance issues of grass-roots public power infringing farmer’s land rights. The study found:some popular statement of the rural land problem is not accurate or one-sided such as "infringing farmer’s land rights is the illegal expropriation of land","as long as the rural land privatization, it can effectively ensure the farmers’ land rights". To counter these one-sided or appear wrong argument, the article gives an systematically elaborated expatiation.