Research On The Guarantee Of Rights And Interests Of Peasants In Rural Land Circulation

Since the scarcity and irreproducibility of land resources contradict the infinite and exclusive demand of human being, it is the urgent time to make good use of land property, improve the land-use efficiency and ensure the optimal allocation of land recourses. Rural land circulation, which is a kind of market-based allocation, will be the objective tendency and result of the development of rural production capability. The circulation of the management rights of rural land is an under-law process of reallocation among different beneficiaries, including rural collective economic organizations, transferors, transferees and intermediary agents. And the most crucial problem in this process is how to protect the rights and interests of peasants. That is because the rights and interests of peasants are always encroached and not well protected by current laws and regulations.Based on the combination of rural land circulation and guarantee of rights and interests of peasants, this paper has a detailed analysis on the internal and external rural land circulation system, lists the classification of rights and interests of peasants in the circulation, and analyzes on the distribution of rights and interests according to the Property Rights Theory. In the meanwhile, this paper selects Korla, where the frequency of land circulation is much higher, as a typical survey region and makes an empirical study on how to guarantee the rights and interests of peasants there. The factors that affect the rights and interests of peasants in rural land circulation are focused on. The subjective and objective reasons why the rights and interests of peasants in the land circulation are not well protected are pointed out by analyzing the problems of rights-and-interests guaranteeing from different aspects like the institutions, laws and governments. Finally, this paper puts forward elaborate advices on the policy of securing the rights and interests of peasants in land circulation, such as promoting new property rights, implementing the management of profit allocation in land circulation, and standardizing the behaviors in internal rural land circulation. All of the advices above can make a contribution to the just and reasonable compensation for beneficiaries, especially the protection of the legitimate interests of peasants in land circulation and the rapid increasing of the income of peasants.