A Study On The Legal Problems Of Rural Land Rights Protection

This thesis discusses the basic institutions of rural land property in China. It consists of ownership, land use and other rights."Rural collective" owns the land, while the "rural collective economic organization" or the villager committee enjoys the management rights, and the ultimate land users are subject to different rural land categories. In addition, the author argues that "rural collective" can be regarded as one of the non-legal person entities, so as to resolve the current "ownership vagueness".The legal sources of rural land right protection lie in Land Management Law, Property Law and Rural Land Contract Law and so on. The principles followed are: the priority of land use; the statutory property law; the appropriate government intervention; and other principles.The rural land interests comprise the land contract right, the rural collective construction land use right, the houses land use right, forest land use right, and so on. The followings are the major problems in the rural land right protection:First, the farmers are always deprived of the informational rights, the participation rights of the farmer in the transfer of rights of the contracted land. Second, there is a hidden gap between the urban and the rural:the urban calls it the construction land use right, while the rural calls it the house land use right. Third, limited property house survives each ban and turns out to be too snowballing to tackle.There are several types of illegal land taking:at the disguise of lease; rampant interpretation of "public interest" to illegal eminent domain; forgery of approval. What’s more, the farmers whose land is taken are easily overlooked and will be forced to be violent after failure of unanswered claims. These problems will give rise to lots of adverse consequences:threat to the food safety of our nation; instability of rural areas and the poverty of farmers losing land.In reality, the farmers often cannot get what they deserve in land taking compensation. Now, the standard stipulated by the current Land Management Law is not scientific and rational enough. The compensation method it employs looks simple and bare-bones and is in great need of reformation.