The Research On The Realization Of Farmers Land Property Rights In China

Land property right is an old traditional right.In the modern society,under the condition of the tense relationship between land and people,the realization of land property rights and the conflicts among the multiple social values have:become the problems urgent to be solved.To realize the farmers' land properties has become the most important thing to do when the government deepens the reform of the social system at present.The initial construction of the farmers' land properties in China originated from the property right system of the socialist public ownership,which leads to a series of problems such as the ambiguity of property rights,the vague boundary of property rights,the weak circulation of the rights and so on.This article illustrates the theories and values of realizing the farmers' land properties and puts forward the path,mechanism and countermeasure to implement the farmers' land properties by combing the emergence and historical changes of the farmers' land properties systematically.The main content of this paper is:In the first chapter,the history of the farmers' land property rights is sorted out,and the significance of the establishment of the land property rights in our country is expounded.By combining the social system reform during specific periods,the emergence and development of the farmers' land properties in foreign countries,which takes the characteristics of the development of land property rights during different periods as the main line,reveals the interaction relations between the evolution of Western society and the development of farmers' land property rights.The modern western democracy and legal system gradually gave birth to the farmers'land property rights,which are independent,exclusive,and rich.Through the study of the land policies for farmers in Chinese history,the author finds out that,in ancient times,farmers burdened more responsibilities than rights concerning with land.The author also finds out that forced labor and tax put too much pressure on farmers and the farmers' land properties have no survival soil to sprout.While,farmers' land properties were admitted by legislation gradually in near modern time,but the properties failed to be implemented because of the unstable social environment.After the foundation of our country,the farmers' land property rights experienced three stages:possessed by individuals,possessed by farmer commune,and under the control of household contract responsibility system.The establishment of Chinese farmer' land property rights has legal,political and economic significance,which not only means the pledge of rights but also can promote the integration of urban and rural development,and the agricultural productivity.The second chapter explains the theories of the farmers' land property rights.The property right theory is an important theory of economics,and Marx's theories about land property rights and western economic property right theories are two kinds of analysis patterns of property rights.The Marx's land property rights theory enlightens the reform of rural land in our country in that,under the public ownership,land property rights and power have diversities,and should be adjusted appropriately according to the changes of social conditions.On the other hand,the theory of property rights in the western economic circles believes that the independence and integrity of property rights is the premise of market transactions.These two kinds of analysis paradigms all affirm the incentive of property rights,and the premise of improving the efficiency of property rights is a clear boundary to the property rights,which is the direction of the reform of the farmers' land property rights in our country.The concept of property right equality is the basic guarantee for the realization of human rights,the basic principle of the constitution,and the inevitable requirement of the market economy.The connotation of the equality of farmers' land property rights includes the equal stating points,equal exchanges,and equal results of property rights.The exercising theory for property rights include the theory of free exercising of property rights and the theory of appropriate restrictions on property rights.Free exercising of property rights requires that the farmers' land property rights should be recognized and guaranteed by the law,and should be relieved or compensated when infringed by others.Appropriate restrictions on property rights mean the limitation to farmers' land property rights and the social duties of farmers' land property rights set by the legal principle of real right.The third chapter analyzes the practice methods of realizing the farmers' land property rights in our country.The Chengdu Mode is based on the whole plan of urban and rural areas,and empowers rights appropriately.The Chongqing mode focuses on innovation,and it has unique index trading.The Guangdong mode splits three rights earlier,and vigorously promotes the reform of land ownership.The Zhejiang mode is bottom-up,which takes market as the guide,and indicates the transfer of farmers' land property rights.The common features of these modes are as follows.Firstly,the farmers' land property rights tend to take enterprises as the main body.Secondly,the leading role of the government is highlighted.Thirdly,the farmers'land property rights are clarified.However,there are three main problems of the practice modes.The foothold of reform often obeys the realization of farmers' rights and interests.Besides,the leading role of the government conflicts with the market economy.The third,farmers cannot be highly motivated in some areas.As a result,the reform should pay full attention to developing the function of market regulation,should also fully respect the farmers' autonomy and construct the complete farmers'land property rights.The fourth chapter systematically combs the system of farmers' land property rights under the framework of Chinese existing law,analyzes the obstacles and reasons for the realization of rights of farmers' land property rights power system in our country,and finally puts forward necessary elements to realize the new land property rights in China.The main body of the farmers' land property rights is land contract management rights,collective construction land use rights,and homestead rights of use.Meanwhile,the farmers' land property rights in our country have the attribute of private property,family property and social security,while the rights also have the defects of lack of powers,low efficiency,and lost of fair.The realization of land property rights of farmers in our country should enrich the content of the rights,return the right of disposition,improve the efficiency of the use of the rights,and clear the position of subject of right.The fifth chapter puts forward the matching system of the farmers' land property rights in our country.It is necessary to improve the registration system of farmers'land property rights,under the unified registration system of real estate in China.The author gives some suggestions on balancing the interests of the government,the collective,and the farmers,and also on reconstructing the rural land expropriation compensation system,considering the unfair distribution of rural land value increment interests.There are some defects on the transfer market of rural land property rights,such as chaotic trading types,lack of unified trading regulations and so on.Taking the above defects into consideration,the government should clarify the legal restrictions to the transfer market of rural land property rights,should also focus on the functions of Macro-control itself,and should establish a unified transfer market of land property rights in rural and urban areas.