The Legal Protection Of The Right Of Farmers’ Rights And Interests In Collective Land Circulation

Almost more than30years After Reform and opening up, all previous central government attach greatimportance to the issues of farmers and agriculture development. That the first document of centralgovernment focuses on these issues for nine consecutive years confirms central government’s attention tothese issues. The farmers’ main income comes from land, but the characteristics of farmers’ land at hand aredisperse, fragmentary, and small. For90％chinese land can only plant food crop, the main products of therural land is block agriculture products. The plant value of food crop is not very high, so if the farmerswould only depend on the food products on the small land, they could never achieve comparatively well-offgoal.Basing on family contracting business, through the legitimate flow of land contractual managementright, make the disperse, fragmentary land gather and complete large-scale farming which accord with thenational policy.The land is the fundamental basis of farmers’ living and development. It not only means income forfarmers, but also commits many responsibilities such as job, medical treatment, providing for the aged thatthe country should have committed.Since the law to guarantee the legitimate rights of farmers is not consummate, even existing blank. Fora long time, in the view of administrative law, the guarantee to farmers’ legitimate rights only reflects onthe policy, lacking legal prevent measures. But the focus of policy can not instead of law, only if policyincreases to law, its goal could be achieved. Only endowing the farmers with due rights, farmers couldguarantee the legitimate rights themselves through the law. And enforcement of the existing law is out ofscale. The phenomenon of failure to observe the law is popular. Especially for some farmers related lawwhich relate to the government rights, for the more attention to the government themselves rights, the duepotency of these law is greatly reduced. The farmers’ legitimate rights can not be guaranteed effectively andtruly. The phenomenon of cheating farmers, harming farmers are ubiquity. Even in some parts and somedistricts the phenomenon are rather terrible. These factors are obstacle to restrict the flow of land.If there are no effective measures to improve these factors which closely linked to farmers’ rights, the legitimate rights of farmers could not be guaranteed. So that farmers fall into poverty, re-employment facestrouble, and social contradictions is in the growing, even emerging terrible hostility. Nowadays happenedoccasionally mass farmers incidents are the terrible consequences to failure to guarantee farmers’ rights. Ifso, national stability and development would be affected, some national policy would become a mereformality, meanwhile restrict efficiency of land flow.The paper writing is for increasing farmers’ living status better, improving the social produce forces ofthe countryside, protecting farmers’ lawful rights, keeping the nation and society stable and promotingeconomical development. This paper consists three parts: the first part introduces the basic situation andconcept of land circulation. And briefly analyses the relationship between collective land circulation andfarmers’ living rights and developing rights, and the lawful basis to guarantee farmers’ legitimate rights inthe land circulation. The second part briefly expounds the achievements on legislation to protect farmers’rights, and mainly interprets the lack of relevant laws and the blank point to guarantee farmers’ rights onthese parts. The last part emphasize on solving the emerging problems on protecting right to work, propertyright and social guarantee which are closely related to farmers. Meanwhile propose the rational thinking offarmers’ rights guarantee and some reasonable solution to solve these problems.Only if through the law protect farmers’ living right and developing right in the collective landcirculation, make the farmers without sorrow and anxiety after the land be flowed, land circulation could bepromoted. It also reflects on significance of protecting farmers’ rights in the circulation.