In our long road of socialist construction in the process of rural areas, the final choice of a match with the socialist public ownership of the collective owned economic system. In this context, the law will be introduced many specifications to confirm. China’s "land management law" to "farmers" household can get a right to use the homestead, rural residents’ rights and interests protection. China’s "rural land contract law" on the farmers’ land contract management rights confirmation, to guarantee their basic living and production rights. "Farmers" by contracting land into rural contracting households, but whether it is reality or law will be regarded as one of the two standard."Farmers" or rural contracting households worth mentioning, the rapid development of economy in society, many built in the process of rural land system reform stage system is no longer adapt to the development of the present. Among members of the "farmers" on homestead and contracted land of gains and demolition and expropriation compensation disputes investigate its root lies in the collective economy property ownership is unclear, the dominant position of the "farmer" confusion, and members of the household can enjoy the status of property ownership is not clear. This article starting from the existing law, clarify the "farmers" in China’s civil law provisions, establish the legal status of farmers "civil. The main structure of this paper to the conclusion: an introduction to the three parts. Is divided into four chapters.The significance of the introduction of this article on the present situation of the research and research were introduced, and were briefed on the current situation of this study, the research methods used are introduced one by one.In the first chapter of the current civil law in the relevant provisions of the "farmers" one by one comb. The concept of "farmers" to define the two aspects to discuss the literature angle and legal angle. Then from the angle of empirical law introduces the concept and characteristics of farmers, rural contracting households, further analysis from the general principles of civil law of civil law, the civil law to the other meaning of the two concepts. So that China’s civil law system on the framework of the "farmers" more clear. Finally, by comparing the "farmers" and rural contracting households, the definition of the concept of the "farmers" generalized "farmers" includes both rural contracting households the connotation of the concept. The existing theory of the legal status of the second part of the "farmers" are introduced. There are "non legal concept", "commercial subject", "subject" and "new non civil civil subject". Property issues about "farmer" is about collective membership property relations involving collective organizations and individual farmers, and property relations within the two aspects of farmers ". Finally introduced the "farmers" rights system and responsibility system. The main part of chapter third introduces the reconstruction of the system of civil law of our country on the "farmers". The reconstruction of the system before the judgment standard of modern civil subject are discussed and selected. Then this paper discussed the "farmers" of civil subject theoretical justification. Finally, set forth in the "new farmers" status of civil subject based on the specific suggestions on the construction of the system. |