Study On The Protection Of Farmers' Rights And Interests In The Land Circulation

At the present time, with the scale of land transfer is larger and the speed of land circulation is faster, there are many abnormalities of rural land circulation. Interests of farmers have been infringed. The government enacts laws to protect the interests of farmers. For example,<The Land Contractual Law of the People's Republic of China>, which be enacted in 2003.In this law, farmers have the rights to decide to transfer the contracted management rights of rural land with who, how and when. In 2007,< Property Law of PRC> was enacted, farmers' contracted management rights of rural land is to be Usufructuary from Claims. The interests of farmers are strengthen in the law.Although we enacted laws, their rights and interests are not protected effectively. The main performances are as flowed:(1) the city people or Businessmen get the contracted management rights of rural land from farmers by buying or rental; (2) the contracted management rights of rural land is forced to circulation by Village Organization or Local Government; (3) the allotted time and the purpose of the contracted management rights of rural land are changed by Village Organization or Local Government.(4)Farmers hardly get land compensation in the circulation. All these phenomenons above go against for the principles:by Law, Voluntariness, be Paid. This phenomenon shows that farmers' Land Possession, the right to Use, Treatment Right and partly Usufruct are infringed in the circulation.There are three reasons to that. (1) Land Property Defects. That is the property factor. (2) Farmers don't get integral rights. Their rights can't be protected effectively by law. (3)The role of Village Organization is dislocation. There two points are this paper's innovations. Firstly, the laws don't give the whole rights to farmers; Secondly, farmers can't get right to relief.In order to protect the interests of farmers in the circulation of rural land, there are four advise:firstly, Improve the system of land property rights, give farmer more land right; Secondly, Improve the management system of rural land circulation, Nurture Intermediary organizations; Thirdly, Increase compensation for land transfer; Fourthly, Improve the legal system, Clearly their rights and interests; Fifthly, Strict law enforcement, Strengthen supervision and management.