The Study On The Protection System Of Farmers’ Land Rights And Interests In Our Country

At the beginning of the implementation the contracted management right of rural land has played an amazing performance, however, as the development of the socialist market economy, the household as a unit of production and management methods were not suited to the socio-economic development of reality. The contradiction between the smallholder and the large market is becoming more and more severe, the transfer of agricultural land becomes an important means to achieve the scale operation of agricultural land, the development of modern agriculture and increasing farmers’ income. As the market mechanism is not perfect, the transfer of agricultural land is to be further improved. With the increasing of the land transfer and land expropriation, the land interest disputes in rural areas are increasing, which becomes an important threat of stability in rural areas and national social stability. Therefore, building a dispute resolution mechanism in land interest is an important part to protect China’s social stability and farmers’ rights and interests. Effective protection of farmers’ land rights and interests not only related to the agriculture-countryside-farmer issue, it is also significant to the stable and healthy development of the whole country.In the study, Firstly the author analyzes the theoretical basis of the protection system of the farmers ’rights and interests based on the law discipline-based perspective, which integrated economics and political science on the theoretical basis. The content mainly expound the theory of sustainable development, the theory of human rights, the theory of community development rights in legal theories and theory of institutional change, theory of property rights, theory of interests and the interests mechanism in economic theories, which lay a theoretical foundation to build and improve the protection system of farmers’s land rights and interests in our country.Secondly, inspected the history and current situation of the farmers’ land rights and interests in China, and made a empirical survey on the current state of the farmers’s land rights and interests in the development of new rural communities, found that the farmers’ land rights and interests issues, pointing out the reasons for the damage of the farmers’ land rights and interests in China, to analyze from a legal point so as to provide a practical basis to improve the relevant farmers’ land rights and interests protection system.Thirdly, I selected the protection systems of farmers’ land rights and interests or the agricultural support policies of a few developed countries such as USA, Japan and UK to make comparative analysis, pointed out that the successful experience in land rights protection and the enlightenment for China. Analyzed a few typical ways to achieve land interests of rural collective land, provided valuable experience to build and improve the farmers’ land rights and interests in China. Finally, through the analysis of the theory and practice, I made the systematic improvement for the farmers’land rights and interests in China and I made improvement and innovation on the operation security of farmers’land rights and interests protection system. Towards the systematic improvement for the farmers’ land rights and interests in China, I elaborated four aspects including the protection subject, mode of farmers’land rights achievement, the system about the farmers’ land rights and interests and supporting system of farmers’ and rights protection system. Which, as a guide to the community development right theory, land shareholding cooperative system based on the community shares in cooperatives is one of the feasible path of the rural collective property right system reform, the establishment of community cooperatives legal system has important theoretical and practical value for the main implementation of the collective ownership, the revitalization of rural collective economy, the improvement of the degree of farmers’ organization and the protection of farmers’ land interests. In the run of protection, I discussed three issues, the faremers’ land rights disputes settlement mechanism, the risk control mechanism of agricultural land transfer and the agricultural and resources information monitoring mechanism. The essence of the land transfer is part or all of the land rights are transferred to others, which is currently the main way to increase farmers’ income, the development of agricultural industrialization and large-scale operation, achieve optimal allocation of resources of agricultural land. However, the land transfer activities may lead to various uncertainties and the various risks arising from the uncertainty. The possible risks of the land transfer includes there aspects such as political, economic and social areas. So we have to focus on the systematical study of the risks and establishing the land transfer risk control mechanism to maintain the risk in the community and farmers’ acceptable range.