The New Rural Construction Land Use Rights Transfer Middle Legal Problems Research

The new rural construction is the important contents of socialist modernization construction, the construction of new countryside is to changing urban-rural dual structure and narrowing the gap between urban and rural areas, from the overall situation is our party made a big decision. And the land is the main production material and the basis for development and the construction of socialist new countryside and modern agriculture,how reasonable planning and land circulation is the key point. At present, the land circulation where there are many issues, there is a land property rights are not clear, land circulation not smooth, circulation program not standard, the interests of farmers cannot guarantee of the rural land circulation, limit the role of driving new rural construction. Will the transfer of farmland use on a new rural construction background, research the current land circulation problems and current legal system level restrictions, and puts forward the relevant system perfect suggestion of farmland changing, and has important theoretical and practical significance.This paper, by introduction, body of three components, endnotes text consists of four parts:The first part discusses mainly the farmland use new farm construction and the basic connotation and circulation of the mutual relationship between with conjunction. Points out the new rural construction as the transfer of farmland use provide external conditions, and the transfer is farmland use breakthrough point of the construction of new countryside, and speed up the pace of new rural construction. Find both in labor transfer, agricultural modernization and social security integration the fit three counts.The second part based on the research of the current situation of farmland use rights transfer, analyzes the characteristics of the present agricultural land use rights transfer and form, the current rural land circulation in the main characteristic of the circulation of the farmers are mainly between a short maturity, circulation circulation and instability; High degree of farmland use rights transfer, general circulation size also is low; The process of farmland use in circulation triggers dispute continued. Circulation of farmland use mainly through transfer, sub-contract, renting, exchanging etc way. Meanwhile reveals main existence move in farmland use the land circulation disorder and chaos, land circulation restricted, farmers' interests are infringed upon and land compensation unreasonable problems, these problems are hindered the farmland use smooth flow.The third part of the current rural land circulation to the analysis of the relevant system, focusing on one fause collective land ownership and power incomplete property regulation is not clear, the lack of effective registration system and written circulation flow program is not standard contract, land expropriation range is not clear, procedures not norm and compensation standard unreasonable requisition system is not perfect, the legal standard in the circulation of farmland use some way and conditions restrictive provisions, the absence of the intermediary service agencies system made a detailed analysis of the five aspects. Suggestions for improving relevant system to prepare.The fourth part on the basis of summarizing above, puts forward several Suggestions on improving the existing legal system and related system suggestion. Namely clear collective land ownership, the main body and content shall be defined specifically collective land ownership are the subject of village collective and give farmers complete usufructuary rights and extension of the collective land contracted deadline; Perfecting the farmland use rights transfer way, is also to mortgage and inheritance regulations as the form of farmland use circulation; Perfecting the farmland use rights transfer registration and contract procedures; Establish the land circulation market system mainly from nurturing new farmers, establishing the intermediary service organization and establishment of land joint-stock cooperative system; Perfecting the scope of the collective land requisition, requisition procedures and compensation standard three aspects of land requisition; Perfect farmer's pension, medical, minimum life guarantee rural risk guarantee system.