Research On The Legal Systems Of Peasants Rights Protection During Rural Land Circulation

ABSTRACT:With the rapid development of economics, the fragmentation of rural land can no longer meet the business needs of land scale operation. The rural land needs to transfer to perform their economic function, and to improve the efficiency of the land, and ultimately optimal allocation of resources.At present, China's rural land system and the rural land transfer system is still very imperfect, so farmers'basic rights in the land transfer can not be protected. The purpose of this paper is to study how to perfect the legal system of rural land; witch is in order to promote the circulation of rural land and at the same time, to protect the basic rights of farmers more effective.This article divided rural land transactions into two parts:the transaction of ownership and the transaction of using right. Firstly, to analysis the necessary of rural land circulation and farmer rights protection during this process, and the rights may be infringed, such as the using right, the right of chooses during the circulation, the right to relief and so on. Then learning experiences of protecting peasants'right during rural land circulation from developed countries, from the actual of China, to analysis the current situation and inadequate of farmer rights protection during the rural land transaction. For example, in the process of ownership circulation, the empty of ownership, resulting there is no determined collective organizations to maintain the interests of peasants. In the land collection, poorly defined public interest led to disorder collection; imperfect compensation mechanism led to the peasants can not get enough compensation; the lack of relief mechanism led farmers'rights being infringed without remedy. In the process of using right circulation, because the limited to the object and the way of the management right of rural land contracting, and the lack of market mechanism, which caused the rural land can not been transferred free and efficient, so the farmers'right is limited.In the process of homestead transaction, due to lack of appropriate homestead circulation legal system, which makes no rules to protect the interests of farmers.Finally, after analyzing above problems, the author raised the different ways and supporting facilities to solve the problems according to the ways of Circulation.