Research On The Legal Question Of The Farmers Interers Interest Protection In Farmland Transference

Land is important natural resources for the subsistence and development of the mankind.The human existence and development is dependent on the land which is the most basic, most important and most valuable limited resources on the earth.Rural land is the basic factor restricting the economic development in countryside. With the development of the construction of urbanization in the rural area and Urban development demand for farmland has increased year by year. State and rural land is collectively owned by farmers has been written into the Constitution.As natural resources the rural land may play an important role in the economic lifeline of the country. So the Rural land is a huge precious resource.How to deal with the farmer rights and interests protection rational and effective utilization of land resources and sustainable development is very important.But some problems of the land begin to hinder the further development of the country economy and threat the social stability in the countryside. We must to face it and tackle it.Based on the mainly elaborates the institutional vicissitude theory and utilizes it to analyze the reasons and characteristics of vicissitude of rural land right system,regulate the rural land using mechanism and complete the transfer system.In order to better the rural land law system,the paper provides some suggestions and theoretical foundations by analysing existing problem such as the unclearness of the property rights and the unsmooth circulation of the land, etc, of the current rural land ownership. We should leave the transfer of the contractual right of land can be carried out through various methods according to law and on a voluntary and compensatory basis so as to develop scale operation on the precondition of the right of operation of land contracted by peasants shall be protected by law. We must clarity the land property rights to transfer the function of government, to perfect the rural land using mechanism and complete the transfer system system.This paper is divided into four parts.The first part is the summary of farmland transference system.China has entered a new development stage of building a well-to-do society in the whole country and accelerating the socialist modernization drive,rural areas'development appears more and more important.The farmland transference system means is that wherever conditions permit, the transfer of the contractual right of land can be carried out according to law and on a voluntary and compensatory basis so as to develop scale operation step by step The second part is about the farmland transference system plays a very important role in protecting the Farmer Rights.The development of farmland transference system in China has experienced three stages:fragmentary exploration,gradual optimization and legitimation.About the Farmer Rights the land can supply protection such as life function,employment security,social security is improving better and better but it also needs to be promotedThe third part in order to better the rural land law system,analyzing the blemish of the farmland transference system and law system,the paper provides some suggestions and theoretical foundations by analysing existing problem of the current rural land ownership.Part four is to improve the rural land system and improve the legal mechanism to protect farmers rights to some of the legislative and policy reform. In view of the current legal system of rural collective land transfer some of the problems, made some sound legal system reform.