Font Size: a A A

Research On Agricultural Land Transfer Legal Security System In The New Rural Community Development

Posted on:2012-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:T L LiuFull Text:PDF
GTID:2216330344452498Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Agriculture is fundamental to human survival and development. In the initial stage of industrialization and urbanization, as the development of agriculture support industry and rural areas support the city, the urban-rural dual structure gradually formed and deteriorated constantly. And as industrialization and urbanization to medium-term, the industry has the ability to support agriculture, and then it is the inevitable trend to eliminate the urban-rural dual structure, and to promote the development of agricultural production and rural economic, and to achieve the comprehensive, coordinated and sustainable development of the rural economy and society. China is in the above stage, it is a major strategic objective of national economic and social development to balance urban and rural development. In the context of this reality, it becomes the focus of economic and social development in china's rural areas to promote agricultural modernization and speed up the construction of new rural communities, and it is the crucial element to transfer agricultural land which influenced the process. It can be said it plays a significant role to promote the smooth transfer of agricultural land which not only related to agricultural modernization and the development of new rural communities, but also to resolve on the "three rural" issue, even the entire national economy and social development. So it is very important to construct a reasonable and scientific legal protection system of agricultural land transfer in the new rural community development for protecting the health and orderly conduct of agricultural land transfer. This research is a useful attempt to construct and improve the legal protection system of the agricultural land transfer, which is in the context of balance urban and rural development, makes the new rural community development as the space vector, and bases on theoretical and empirical analysis.In the study, Firstly, the author analyzes the theoretical basis of constructing the legal protection system of agricultural land transfer in the new rural community development, base on the theory which subject to law-based, comprehensive economics and political science and other subjects. The content mainly expound the theory of equal rights to subsistence and development, theory of community development rights, theory of interests and the interests mechanism, theory of market failure and government failure, theory of complementary rights and obligations and other theories, and then lay a theoretical foundation to build and improve on the legal protection system of agricultural land transfer.Secondly, the author analyzes the agricultural land transfer in the context of balancing urban and rural development, and explores the fit of the two above. And through the fully survey and analysis of the reality of agricultural land transfer in the new rural community development, finding the issue of the process of agricultural land transfer and analyzing from the viewpoint of law, in order to provide a practical basis for improving the legal protection system of agricultural land transfer. Thirdly, the author summarizes the characteristics and trends of different historical periods on our agricultural land transfer system, learns and absorbs Japanese, American, Indian, and Taiwan of China's Reform of agricultural land transfer system in the advanced experience or failures, and then provides avaluable experience for constructing and improving the concrete of China's the legal protection system of agricultural land transfer in the new rural community development.Finally, the author improves and innovates the legal protection system of agricultural land transfer through the analysis of theory and practice. This research will eventually come to a set of systematic and scientific legal protection system of agricultural land transfer that holds development as the concept, tilt protection, appropriate government intervention and sustainable development as the basic principles, economic law as the system's center, and includes market players on the agricultural land transfer legal system, agricultural land transfer market regulation legal system, national macro-control agricultural land transfer legal system, the legal system on sustainable development of agricultural land and agricultural land rights regime, administrative organizational system, social security system in rural communities, agricultural land transfer dispute resolution system and other legal systems, these systems constitute a systematic and scientific legal protection system of agricultural land transfer, and through the operational mechanism which holds the basic principle of "more, take less and liberalize+growth promotion" as a guide and achieves the combination of its internal and external to protect its operation.Through the systematic analysis of the legal protection system of agricultural land transfer in the new rural community development and the context of balance urban and rural development, the focus of the research is to construct the system of agricultural employees which comes from the professional development trends of agriculture in the progress of agricultural land transfer, and to establish the legal system to promote the use of agricultural land based on existing national macro-control agricultural land transfer system, and to form the rural community revitalization system, which includes rural community development planning system and regional agricultural development system, and agricultural land improvement system in order to meet the need for sustainable development of new rural community and agricultural land. Through the innovation and development of these systems, the research provides an important protection for promoting the transfer of agricultural land healthy and orderly, and also provides the suggestions which can be drawn for improve the legal protection system of agricultural land transfer.
Keywords/Search Tags:Agricultural land transfer, Legal protection system, Urban and rural development, New rural community development, Agricultural employees, Regional system of agricultural development, System of improvement of agricultural land
PDF Full Text Request
Related items