Study On Safeguard Measures Of Farmland Circulation Based On Property Right

With the development of the market economy, such problems as fragmentation and extensive management of farmland need to be solved at the present stage, so as to realize modernization of agricultural production. Farmland fragmentation is very serious in our country,among which large population base, limited agricultural land and less per-person cultivated land area are the immediate causes of farmland fragmentation. What is more, implementation of the operation pattern-- household system for contracted responsibility taking family as a unit for a long time, match of far and near agricultural land as well as fertile and barren agricultural land are inevitably lead to farmland fragmentation.As an important approach to eliminate farmland fragmentation, farmland transfer and its reform, innovation and improvement become the key point of deepening the reform of the land in an all-round way under the new situation. Farmland transfer is complicated system engineering, and as the premise of the operation of land market, farmland property right and its improvement are vital to the farmland transfer. It has become a key issue in current theory that what kind of disadvantages exist in farmland property right, and what obstacles may be caused to farmland transfer by such disadvantagesThis study takes farmland property right as the pointcut, choosing Tengzhou City in Shandong Province as the study area, and makes a systematic analysis in terms of the defect in property right as well as the obstacles to farmland transfer caused by it based on land property theory, Petty-Clark Theorem and Rational Choice. Firstly, the paper expounds the current situation of land transfer in Tengzhou City, systematically analyzing the main forms,characteristics and existing problems, and comparatively analyzes the main situation of farmland transfer in Shandong Province; secondly, the influences of the defect of farmland property right on the process of farmland transfer is analyzed based on the visiting and research results of Tengzhou City; on such basis, countermeasure and suggestion that promote reasonable farmland transfer are put forward.The basic conclusions of this study are: the current rural collective land property rights system in our country has such defects as unpractical subjectivity of property right, unstable rights to use farmland, and government ownership of farmland development right, which impede the sound operation of farmland transfer. For land, instability and integrity of property right will lead to degradation of land resources, which is difficult to enter into the land market for transfer.In order to promote the development process of farmland transfer, the following suggestionsare put forward: define the subject of the ownership, and give the land ownership to the farmers;establish farmland development right belonging to landowner through legislation, so as to add non-agricultural cost of the cultivated land, and restrain the power of local government to land acquisition; establish a farmland property rights system of “three rights separation”, and endow specific rights and obligations; do a good job in registration and distributing certificate for farmland property right, and reasonably solve the problem of right confirmation; Optimize the land expropriation system, using power of land requisition with caution, and improve the land expropriation compensation standard of transfer-in party.