The Circulated Market Of China's Rural Land Studied By Law Regulation

" The issue of agriculture, rural areas and peasants " has always been an important problem of the economic development in China. Land as a basic means of production in rural areas plays a vital role in agricultural growth, rural development, farmers' survival. However, the existing deficiencies in the system of agricultural land have seriously hampered the economic development. As China's economic system in transition, the market has become the basis means to regulate the allocation of resources. Moreover, as a result of the development of rural non-agricultural industries and the regions accrossing of rural labor mobility, an increasing number of rural labor from agriculture to non-agricultural industries, which has put new demands to the circulation of agricultural land. The circulation of agricultural land is an important way to optimize allocation of land resources, develop the scale of operation in agriculture and promote the transfer of the rural labor force, it is also a essential requirement in agriculture economic development. At present, the circulation of agricultural land is facing a range of issues, especially in its development which is in poor situation. This has become a hot topic in China. Based on these, the paper from the perspective of studying the social middle layer, analyzed the legal problems of the circulation market of agricultural land in China, and to give the feasibility of suggestions to focus on improving the flow of the legal system of the land market of agricultural in China.In this study, first of all, The writer has begun with relevant theory on economic and law, to carry out some necessary theoretical analysis on the circulation of land in rural. The main application of economic theories are the property rights of land theory and the theory of the land market etc. The main application of law theories are the fair value and efficiency value and the principle balance of interests and the middle-tier levels theory ect. And it takes more than interdisciplinary perspective on the issue of transfer agricultural land to a systematic analysis, provides a theoretical basis to the circulation of agricultural land market in the law regulation.Secondly, from the vertical and horizontal practice, this paper has researched the trace of The transferring of agricultural land market and development current situation in China, as well as the practice of abroad. In the vertical practice, it is exploring the track of circulation of agricultural land in China's legal system, analyzing the legal process in history of changes to transfer agricultural land, and combined with the investigation about Wuhan City, Hubei Province to analyze the real situation of China's agricultural land circulation, finally,it has provided the basis of practice to the law regulation of rural land circulation. In the Practice horizontal practice, combined the comprehensive survey of the major developed and developing countries of the land market of agricultural in the current circulation, drawed lessons from useful experiences of foreign agricultural circulation market, it is summed up the enlightenments to the market reform and development of rural land circulation in China.Third, from the macroscopic level, it has structured the models about the circulation of China's agricultural land market. In the basis of useful experiences from foreign countries and fully consideration from the present situation of our country, it has addressed the law philosophy and objectives of the land circulation market of agricultural in China, established the "trinity" of the circulation of the agricultural land market model by a government for the control subjects, consider the middle layers of society as the core component, the farmers as component-based, and it will focus on government which it will use appropriate macro-control functions and the social middle layer which fully plays the role of integrated strength to discuss.Finally, from the micro level, it has given specific suggestions to improve the legal system of circulation market of agricultural land of our country. On the whole, improving the legal system of circulation market of agricultural land needs to follow the principle of comparative advantage, the principle of common ground while reserving differences, the principle of interests coordinated and benefit-sharing principle etc. From the specific system. It needs to improve on the angles about the main body of the legal system in the circulation market of agricultural land, the interests of the distribution system, the information disclosure system, the legal regulatory framework and dispute settlement system etc.Of course, in this paper, studies from the social middle layer perspective had inevitable ill-conceived, it has already described in the end of paper, which will be provided reference in the further studying.