Development Right To The Agricultural Land

The right of agricultural land development is a kind of added land value changing agricultural land into non-agricultural land, a value in the course of the agriculture land first carrying out nationalization and coming into land market under the law.Qur country is a big agricultural state where there are 1.3 billion population, of which 0.9 billion persons live by cultivating the land .The land belongs to the country and the collective under the Constitution and the Land Administrative Laws, which expressly rule the land ownership and the right of use. Since China carries out reforming and opening Policy, Much of agricultural land has been changed into non-agricultural land, following the development of the social economy and the faster step of urbanization. Due to the law and regulation systems lag or absent relatively, the right and benefit of the farmer can't get true safeguard and realize. The living right of the farmers whose cultivable land has been lost are seriously threatened. All of these affect the safety of state and society. Therefore, we must modify current Land Administrative Law and confirm right of agricultural development imminently. According to the basis, the right of agricultural land development which this thesis studies is put forward in order to dispose of the increment benefit of cultivated land exploitation and safeguard the living and development right of farmers rationally. In fact, the system of right of agricultural land development has been generally adopted in the world. Therefore, we must construct and fulfill this system in our state law system. It is important to settle colon"three rural problem"and construct socialism new Country.From the perspective of politics, it is an important measure to settle down the assignment of the right and benefit of state, collective and person. It also affects state economic construction, civilization and town construction, socialism new country construction and the sustainable development of society and science. It is an important context to construct harmonious society. From the perspective of economy, whether state market-oriented economic construction and our state economic system reform can get success or not, it is determined by the fulfilling law system of land by the large. This is not exaggerated fact. From the perspective of legalized constitution, although our state constitution and Land Administrative Law defines that the land of the Chinese People's Republic belongs to the state and collectivity and the peasant shares the land-use right and contracted management right under the law, the law system about safeguarding...