Research On Transference Mechanism Of Rural Land Contract And Operation Right

In order to adapt to the modernization of agriculture,the circulation about the right of contractual management of rural land is an inevitable trend of original and fragmentation smallholder business model to modest scale business development. However,it is based on the bilayer management mode of household contracted management and sub-system integration. The basic business model is the Cornerstone to develop rural areas of all economic policies by the government. In view of the rural political and economic environmental conditions, it is a problem worthy of study on how to protect the interests of farmers in the the circulation about the right of contractual management of rural land. To this end, the party and the government has established some experimental zones. Through the experience of these pilot area are summarized,it is fully awared that the circulation about the right of contractual management of rural land is inevitable and protection of farmers’ rights and interests is very important.It is the foundation for regulating the circulation mechanism about the right of contractual management of rural land and Improving the legal system and supporting rural social security facilities. Moreover,it is conducive to the establishment and improvement of the protection system of farmers’ rights and interests.This article is supported by the basic theory of the Economic Law and economic theory,and it analyzes the underlying theory of the circulation about the right of contractual management of rural land and the protection of farmers’ rights,and then safeguards the rights of farmers from the multi-level theoretical discussion. Through comparative Analysis of protecting farmers’ interests system by foreign, differences can be seen between China and foreign,and finding a way is to solve the problem from the Chinese and foreign institutional differences,involved market mechanism, state regulation mechanism and civil service mechanism(the following referred to as "three mechanisms").In the form of literature research and case studies, the study is comparative between pilot area of the Chengdu-Chongqing region mode and Zhejiang province mode.It analyzes to farmers’ willing and operation of the market mechanism and the security system of laws and regulations.At the meantime,it analyzes the relevant stakeholders involved in the protection of farmers’ rights and in the process of the circulation about the right of contractual management of rural land, in order to explore these pilot area "three mechanism" to establish and its’ coordination. Combination of farmland circulation’ current situation and the main reasons for and the existing legal system in Hubei province,it analyzes the shortcomings of the existing laws and the obstacles of restricting the transfer of farmland market by the theoretical and empirical research. In the above basis, it improves the legal system of the rights protection of farmers in the circulation about the right of contractual management of rural land and provides the reference in practice. More importantly, from the aspects of legislation and law enforcement and legal supervision,it gradually changes the status of the farmers’ low national treatment to protect the legitimate interests of farmers.