A Study On The Realization Of Farmers' Land Property Rights In China

Central rural 2011 meeting for the first time put forward the concept of "farmers’land property rights", stressed:right to the contracted management of land, the land and collective land income distribution is the law gives the farmer’s legal property rights. Land, is the most important assets, farmers bear the dual function of factors of production and social security. The realization of farmers’land property rights, to increase farmers’ income, solve the "three rural problems", narrowing the gap between urban and rural areas to build a well-off society in an all-round way, it is of profound significance and influence. But, for now, the realization of farmers’ land property rights in our country by constraints, from the aspect of legal system of the layers of forbidden to operation mechanism is not standard, they become the rural land use of its factors of production and social security function obstacle, the farmers’ land property rights can not get effective guarantee.With the reform deepening, the party and the state to the realization of farmers’land property rights and the more and more attention. Held in November 2013, the third plenary session of the 18 stressed that "to give farmers more property rights", promote the equilibrium configuration elements of equal exchange and public resources. In January 2015, the seventh meeting of the leading group of comprehensively deepen reform reviewed on the rural land expropriation, the collective management system of construction land market and land reform pilot work opinion ", this symbolized our country rural land system reform on the agenda. The central file no.1,2016, put forward to deepen the reform of the rural collective property rights system, the maintenance of farmers land contract right, land use rights, collective income distribution, support to guide its voluntary compensatory transfer the rights and interests in accordance with the law."In this paper, the integrated use of literature research, case analysis, the qualitative method and other research methods, in the form of the realization of farmers’land property rights as the research object, discussed the present farmers’right to the contracted management of land circulation, land use right mortgage and the rural collective construction land commercial purposes directly into the workings of several kinds of forms in the practice, and found that there were problems, and tries to fundamentally find corresponding direction and feasible scheme. In addition to the introduction, in this paper, the main content is divided into five chapters:The first chapter mainly introduces the theoretical basis and the research object of this article. First analysis of property rights theory, property rights theory and institutional change theory and the relationship between the farmers’ land property rights; Secondly according to the time sequence of since the founding of the historical evolution of the farmers’ land property rights, so as to define the research object of this article, namely the right to the contracted management of land circulation, construction land right to use house sites, the collective business directly into the market.The second chapter, a detailed analysis to the contracted management of land circulation in this form. First shows the necessity and feasibility of the circulation and the laws and policies from the forbidden to let go of the evolution of the process; The strong and weak points of the second main form of the circulation of the present objective evaluation; Finally, by the mature experience of continental law system and Anglo-American law system countries for reference, draw the corresponding revelation.The third chapter mainly study situation of mortgage housing land use right in China. First of all, the characteristics of house-site in the countryside in China, introduces the necessity and existing problems of mortgage; Second, chengdu, fujian, ningbo mode as three typical case, a detailed analysis, sums up the practical experience of their own; Finally, for the United States, Germany and other foreign experience can be combined with the actual situation in our region to selectively on the basis of using for reference.The fourth chapter mainly explores our country rural collective construction land market form management. First to the rural collective business explained the necessity of the present situation of the construction land and the market; Next to the current development of more successful in kunshan, xiamen and chongqing model for detailed analysis, summarizes the refining its successful experience. Finally, this paper introduces some countries and regions at home and abroad with land use control as the core of construction land in the market of mature experience, is worth our using for reference.The fifth chapter mainly put forward policy recommendations for improvement. By above the right to the contracted management of land circulation, the construction land right to use house sites, the collective business direct in the market of the three forms of detailed study, found that there were obstacles and problems, the corresponding solution measures mainly has three aspects:reform of the rural land property right system, perfect property right system, clear property rights main body; We will accelerate the cultivation of rural land circulation intermediary organizations, play a role of the bridge; Relevant supporting mechanisms will advance at the same time, such as perfecting the social security system, cultivating new professional farmers, reform the household registration system, etc. Finally, the paper puts forward a kind of alternatives:construction land bank, for the realization of farmers’ land property rights to provide professional services.