Study On The Reform And Improvement Of The Transferring Rural Land Legal System

Now, agriculture, rural and farmers'issues already became relate our country to develop the overall situation. Solves agriculture,rural and farmers'issues is the central government most important job. agriculture,rural and farmers'issues are not only the agricultural promotion , farmer additionally receiving and the rural development question, moreover the direct relation domestic demand's expansion, national economy's sustainable development, whether the society stable and does the modernized goal realize. But one of agriculture,rural and farmers'issues important questions is the countryside land circulation legal regime reform question. The land is the humanity is livelihood and social sustained development most important resources. Rural land the reform and improvement of the transferring rural land legal system cannot be separated from our country national condition.The first part is to study on the evolution and experience of the transferring rural land legal system since New China was founded. After the founding of the nation, our form and improvement of the transferring rural land legal system has experienced at the beginning of 1950 namely new China establishment initial period land reform stage, the 50s-the late 70s Agricultural cooperative and the People's commune stage, at the end of 1978 to present's family joint production contract management system stage, We may see the reform must adapt to the level of the social productive forces'development and the Wishes of farmers . This is according to the Marxism law view, the law receives the productive forces level of development throughout the influence: Productive forces through restriction productive relations change, decision law production development and withering away. At the same time, the law has the promotion or the hindrance function to the productive forces, the law affects the productive forces through the adjustment productive relations the development. The farmer acts according to the long-term social practice, had insisted in the land circulation institutional innovations the marketability reform's direction, has complied with agricultural and rural development historical logic, proposed the reform system not can only reflect farmer's benefit moreover also to have the very strong innovation and the feasibility, therefore it can have the huge achievements. Will land circulation system when we respect the farmer the wish, the farmer have the production enthusiasm, the agriculture fast will develop; Otherwise, the agriculture will stagnate will even wither.The second part I analysis the transferring rural land legal system's present situation and reform necessity and feasibility. The legislation itself must be one science activity. In our country, if we want to make the legislative scientific style, the most important thing is causes to legislate to tally with our country's reality and the national condition. Since New China was founded, our country has promulgated and implemented a series of laws and regulations. At present, our country moves toward the standardization, the legalization slowly about the land circulation's legal regime, has released "Countryside Land contracting Law" one after another, "Reality of laws" and so on, revised "Land Control law", is adapting our country countryside productive forces unceasingly the realistic demand which transforms to the agriculture modernization, but these laws also manifested our country law to start to pay attention to the farmer wish. Now our transferring rural land legal systems still have some insufficient: the main body of the rural collective economy organization is not clearly defined; there are some limits to transfer land in the legal system; land transfer process is not standardized. These insufficient hinder the progress of land transfer. The reform and improvement of the legal system of transferring rural land is inevitability and possible. The reform and improvement of the transferring rural land legal system conforms to the country and the people's benefit, in reality also had many innovation patterns, in addition, regarding the opposition land circulation legal regime reform perfect worry author thought that is may solve through the reasonable system design. Above all, the reform and improvement of the transferring rural land legal system is necessary and feasible.The third part I analysis the involved interest groups, then summarize the conclusions based on the Wishes of farmers. The reform and improvement of the transferring rural land legal system involved in many the benefit groups, like the Central government, the Local government, the countryside collective interests group, the intermediary organization in the rural land transfer market group, the farmer group. The reform and improvement of the transferring rural land legal system was balanced which gambled to each special interest group, enabled the land circulation to achieve the efficiency and the fair unification. I consider the central government should have the proprietary rights of rural land; local government should only have the management right of rural land; the rural collective economy organization should have the rights of replace the farmers to appeal; government don't involve into the intermediary organization in the rural land transfer market. I also propose strengthen the rural land transfer process: adopt the appropriate land transfer land; improve the land transfer contract and registration system; strengthen the conduct of intermediary organization. In addition, I consider recommends the establishment of rural social security system and reform the current household registration system, in order to promote the reform and improvement of the legal system of transferring rural land.The reform and improvement of the transferring rural land legal system consummates very few is take the farmer benefit as heavy, the new round reform consummates should take the farmer benefit as a starting point, will entrust with the farmer regarding the land circulation full independent decision-making power, this article also will be precisely stands in this starting point carries on the research land circulation legal regime reform, makes the related laws and regulations take the time as the national Department concerned to provide the policy to suggest, promotion land circulation legal regime's soon releasing, will solve the current countryside land circulation legal regime's insufficiency.