Legal Protection Of Farmer’s Rights Under The Context Of Land Consolidation

Practice of land consolidation have been carried out in China for many years，Itimproved the quality of cultivated land, increased the arable land, improvedagricultural production conditions through the comprehensive treatment on the fieldsin rural areas, water, roads, woods and the village. As an usufructuary right, landuse right is not only the property of the farmers, but also a tool to create property. Ournational social security system is not perfect today so land also serves as an importantsocial security function. As an important stakeholders of rural land consolidation,protection of farmer’s rights can not be ignored. The success of land consolidationshould increase their land value of the property and protect the rights of the landenvironment.However, there are still many violations of the rights of farmers in the existingpractice of land consolidation. First, the land ownership is fuzzy before landconsolidation, land value assessment system is unscientific, adjustment of the landcontract and management rights of ownership management is inadequate,environmental impact assessment of land and other ecological issues is lack. Second,the right of farmers to participate in the process of construction are often violated,andalso the substantive rights of farmers during the whole land consolidation. Third, theGovernment and village collective economic organizations often force the illegaltransfer of land contract and management rights after the land consolidation. Theexistence of these phenomena led to the enthusiastic of farmers on land consolidationdawn and non-sustainable development of the land consolidation.Through field interviews and analysis of existing policies as well as regulationsof combining research methods, we know these specific protection of the farmer’srights: First, before the land consolidation management system we should improvethe cadastre, land value rating and evaluation system, land ownership adjustment planand land consolidation planning environmental impact assessment system，Second,land consolidation in the full participation of farmers to protect the rights and therights of production and life, The third is to regulate land consolidation after thetransfer of the right to land contractual management and improvement of the legalsystem of rural social security system.