Researching On The System Of Farmland Development Right In China

The emergency of power comes from the actual needs of people. With the increasing development of economy、the continued expansion of city and the rapid growth of population, the pressure on land resources and ecological environment is bigger and bigger, urban and rural, industry and agriculture fall into a struggle for land. As a basic element of property, land ownership is traditionally divided into four power, they are possession, use, income, and sanctions. However, the traditional land ownership can not well resolve the interest game for parties about the land, can not explain for the unreasonable phenomenon on the changes in land rights and use manner neither, therefore, due to the practical contradictions and the shortcomings of traditional theories of ownership, we need to introduce a new and rights concept, that is farmland development rights. The so-called farmland development rights is an important part of the land development rights, is the right of redevelopment on farm use. that is, people who has the ownership or use right of the farmland can get additional revenue by changing the existing use the land. In recent years, land rights are often abused, a lot of arable land have been illegally converted into construction land and the legitimate interests of farmers are often damaged, the situation is already very serious, but we still have no relevant system, therefore, it’s urgent to set up farmland development rights in China.This article starts from the existing home and abroad research results on farmland development rights, expounding the system of farmland development rights from five aspects. First of all, it discussed briefly on the general theory of farmland development rights, introduced the concept and characteristics, analyzed the contents and legal nature by means of property rights theory, meanwhile, through comparative analysis of related rights, the article cleared the status of farmland development rights in right system. Secondly, it analyzes the necessity and feasibility to establish the farmland development rights in our country. The article analyzes the necessity separately from the farmland protection、the interests of farmers and property rights system and demonstrate the feasibility from the system and theory. Thirdly, from the theory, and system, analyzed the current situation once establishing the farmland development rights in our country, and pointed out the suppress on farmland development rights from our current legal system and land requisition system. The above cases can be explained in concept, by theory, and even from technology. Fourthly, this article introduced the advanced experience from foreign farmland development rights system(such as the UK’s "nationalization of land development rights system," U.S."land development rights transfer system" and "the right to requisition land development system", in France the "statutory maximum density of the system"), and learn some lessons:1.Chinese farmland development rights system settings should be consistent with our national conditions;2.clear the right of ownership of Chinese farmland development rights system;3.Improve the land compensation system. Finally, according to the building of Chinese farmland development rights system, I’d like to present some opinions of mine:firstly, the basic principles and the ownership for the settings of Chinese farmland development rights; secondly, configuration tools and management of Chinese farmland development rights; Lastly, the dispute settlement mechanism during Chinese farmland development rights allocation and transferring-the peasants subrogation litigation.