Research On The Farmer's Land Problem In The View Of Different Subjects

The root of Chinese problem is a farmer problem, but the key of farmer problem is the land problem. Three agriculture problems have become popular now, problem in the village land also becomes many academics and scholar to pay attention to of focus. The method educational circles is no exception, more making problem in the village land become the focus of educational circles research because of Property Law of the People's Republic of China, also producing many controversies. But this kind of purely theoretical study can't be real to understand the true appearance of law operation also, can't resolving an actual problem. This text then carries on a many academics to integrate of first step, the data comes from people of the past's various inquisition material and from the investigation done in Jiangsu and Wuhan village.This text is totally divided into three parts, the first part point analyzed Property Law of the People's Republic of China lawmaking in because of value the mindset is diverse but bring of perplexity, and put forward being worth a standpoints. In the process of Property Law lawmaking, because of going back and forth in protecting farmer land property rights, dissolving district difference, protecting an of the existence groundwork and the equilibrium benefits conflict of farmer, but emphasizing to the different mindset, usually is the reason which results in everyone's objection. This text thinks our country pass' wading the value mindset of the lawmaking of rights in the farmer land should is what a dollar turns exactly, then respect farmer will, guarantee farmer rights, other lawmaking targets reigning the tops of the rank. Combine in respecting farmer will, guaranteeing the foundation of farmer rights, guarantee farmer of property rights in the land, and put forward 3 concrete suggestion, then give farmer conflict and the solid farmer of the vivid of the unity and place lawmaking of land property right, equilibrium real right method of the real meaning to exercise the democracy groundwork of property right in the land.Article the second part, from the angle of view of method sociology, talks about the village land problem after the agriculture tax. First, the village land dispute of generation after the agriculture tax is divided into two major types: the land disputes of equal corpus, namely the land disputes of village people and people, mainly include a farmer privately a land to turn to rent dispute in the village land caused and the conflict of the policy the village land dispute caused; Another type would, village for the representative's power possesses the land disputes and village people, mainly including a village set a staff to replace to turn to rent to contract for the village land dispute that the ground causes; The village contracts for the village land disputes caused collectively; Offer for sale land power to belong to dispute in the village land and relevant land caused to take over process because of dissolving village class obligation in various benefits conflict and antinomy caused; Secondly, the law provision and reality which analyzes farmland to adjust lives logic to deviate from. Though policy provision, the educational circles thinks consistently, the law also rules a village land to contract for management power 30 years constant, contract for in the realistic life land of adjust still very familiar, its reason is a person ground relation antinomy, contract for land of the adjustment became a village agency to the tool that village people carries on managing to some extent, moreover, the farmer exists the existence ethics of "safety first". One large quantity social arrangement in a village, mainly is for insuring an inhabitant of lowest limit income.Article the third part, the angle of view that learn from the method politics , inquiry into village to cure the village land problem in the structure and form. Combine in the countryside the inquisition of the case concrete thorough analyzed "collective", "village elite" and common village people are these corpus' concrete role in the land problem and activity in village. The corpus "lack" problem of the collectively landholding power is in fact a "false problem". So-called " collective domination" made stronger a village agency a representative(village staff) of power and position, make stability or fluxion of land resources be depended on in these staff's personal public responsibility and role biggest in the meantime; "Collective domination" that is theoretically, be equal to allow larger and higher class in fact of collective domination existence, at it have the initiative under position and power, the weak peasant household is personal basic have no the dint resist.The administration village isn't a traditional hometown China of acquaintance society, but "half acquaintance society", with village staff for the representative's village elite doesn't worry to suffer good reputation and evaluate because the village people queries and opposes of lower, try the usage village public opinion to control a village staff, make use of a face etc. income to make up village a staff economy up of "loss" also no longer possible. Be village the staffs to face to look like in this case can bring village a huge economic benefits and can also give substantially village the staff bring considerable gray income of land, usually do a choice that self interest maximizes. Have owing to this, became the matter pass collectively landholding power right to exercise to slice the true problems of rights in the body land with farmer then for these "the tight hoop curse" which win a benefit type agent to take up the laws.Village people already the high atom turn of want and acquire the approbation of the majority in the village, and end walk and sue in court up the petition of road, not easy. Some country staffs are a village vested interest, for protecting the vested interest of oneself and village, face the crowd's petition, take stability as shield, beat stable curtain, reflection problem, use methods etc. organization, snuff out without restraint. To want to protect the benefits of farmer should promise the farmer participates power, but village people autonomy the system provides at the right moment thus of system outlet. But have a village people autonomy the system only isn't enough, have of although the village chose to go bad of village staff, the lately- selected village staff start eroding the land benefits of farmer again, appearing the condition of vicious cycle, and the village peoples to the democracy elect also don't entertain to hope too greatly, because of no matter who it is be village the staffs all can't represent their benefits, though the village people can recall him, should get of benefits he has already got, and the village people damaged benefits generally also hard reply. So, have to also fall the solid place to the democracy decision system. The important village duty adopts democracy decision, giving right village people, the will of village people gets a respect, will be advantageous to the gets along with of staff and crowd, making crowd's mood relaxed, becoming a good situation of mutual trust.