Discussion On The Protection Of Peasant’s Land Property Rights Under The Background Of The Integration Of Urban And Rural Areas

In China, farmers have the unalienable rights to the contractual operation right of land, the homestead right of use, the collective right to income distribution and so on. No one has the right to deprive in any case. With the rapid development of urban and rural integration, it must to guarantee the peasant’s land property rights are not infringed upon. But it is not difficult to find that there are a lot of problems. The peasant’s land property rights are still the inevitable abuse. Perfecting the laws and regulations of the peasant’s land property rights corresponding, is beneficial to the protection of the legitimate rights and interests of farmers, is conducive to the integration of the city smoothly and is more conducive to the country’s sustainable development.On December31,2012, the CPC Central Committee and the State Council issued the2013central document No.1and has stressed the need to reform the rural collective property rights system and the peasant’s land property rights. This paper on the background of integration of urban and rural expounds the protection of peasant’s land property rights, including four parts except the introduction. The first part discusses peasant’s land property rights. Four aspects are discussed including the connotation of peasant’s land property rights, legislation, relationship between peasant’s land property rights and the collective land property right, the land property rights in the United States of America, Britain and Japan. This part discusses on the overview of peasant’s land property rights and analysises of the land property right status in China and foreign land property rights, draws on advantages from the United States of America, Britain and Japan. The second part discusses the peasant’s land property rights legislation and research status. Through to empirical research of the Shandong province the peasant’s land property rights, this reflects oversight existing of legislation present farmers land property rights. These are mainly in four parts:fuzzy subject of rural collective land ownership, limits of rural collective construction land into the market, restricting homestead into circulation and unreasonable compensation for collective land. These not only cause the absence of the subject of land ownership, chaotic land market transfer mechanisms, and farmers can not get a reasonable compensation, but also restrict the pace of progress in the integration of urban and rural areas. The third part discusses the problems of the peasant’s land property rights infringement. Performance in four areas:the subject of land ownership is absent, and infringe on the right to compensation for land acquisition of farmers. The farmers can not get land use rights, and a lot of land lost. Rural collective construction land into the market limits, causing inequality to the city construction land, the invisible market, and disturbing the normal market order. Homestead restricts circulation. Farmers can’t do independent disposition and use the housing rights on the homestead. This will cause immediate damage to the interests of farmers and contrary to the process of integration of urban and rural. Land compensation standard is unreasonable. Farmers ultimately can not be compensated. The landless farmers and unemployment are serious. The fourth part puts forward the reasonable suggestions to solve the above problem. Determine the collective ownership of rural land are owned collectively and use rights are owned by farmers. Rural construction land and urban construction land should be the same land, the same rights, and the same price. Give the rural collective construction land property, so that it can be in the urban and rural construction land market circulation, and at the same time establish a reasonable facilities. Improve land circulation mechanism based on the premise of equity and efficiency. Provisions of the housing and land can be separated from the circulation. Limit the flow conditions with the implementation of "a house" policy. In the collection of compensation, compensation mechanism should be set up with the combination of static and dynamic. Expand on the compensation scope and standards. The legal laws and regulations on compensation need to improve.